RESOLUTION: (Andrews/Matson) that
the Minutes of the Planning Committee Meeting held on Tuesday 8 August 2017
(copies of which were circulated to all Councillors) be and are hereby
confirmed as a correct record of the proceedings of that meeting.

Declarations
of Pecuniary and Non-Pecuniary Interests

a) Cr Matson
declared a significant non pecuniary interest in Item D89/17 as he takes his
dog to the Vet practice in question. Cr Matson indicated that he would not
take part in the debate or the vote on the matter.

b) Cr Matson
declared a significant non pecuniary interest in Item D94/17 as a delegate on
the JRPP. Cr Matson indicated that he would not take part in the debate or
the vote on the matter.

c) Cr Neilson
declared a non-significant non pecuniary interest in Item D82/17 as one of
the objectors is known to her.

d) Cr Luxford
declared a non-significant non pecuniary interest in Item D81/17 as the
owners are known to her.

e) Cr Andrews
declared a non-significant non pecuniary interest in Item D88/17 as both the
applicant and objectors are known to him.

f) Cr
Veitch declared a non-significant non pecuniary interest in Item D81/17 as she
knows someone who lives across the road from the proposal.

g) Cr
Stavrinos declared a significant non pecuniary interest in Item D88/17 as he
frequents the Café in question. Cr Stavrinos indicated that he would
not take part in the debate or the vote on the matter.

i) Cr
Bowen declared a significant non pecuniary interest in Item D83/17 as he owns
property in the street. Cr Bowen indicated that he would not take part in the
debate or the vote on the matter.

j) Cr
D’Souza declared a significant non pecuniary interest in Item D94/17 as
an alternate delegate on the JRPP. Cr D’Souza indicated that he would
not take part in the debate or the vote on the matter.

Address
of Council by Members of the Public

Prior to
consideration of the Agenda by the Committee, deputations were received in
respect of the following matters:

D75/17 3 Seaview Street, Clovelly (DA/44/2017)
(Deferred)

Objector Mr
John Dimopoulos

Applicant Ms
Melissa Chapman

D76/17 1 Keating Street, Maroubra (DA/445/2017)

Objector Mr
Robert Zarauz

D77/17 1 Keating Street, Maroubra (DA/549/2017)

Objector Mr
Robert Zarauz

D79/17 31 Torrington Road, Maroubra (DA/281/2017)

Objector Ms
Laura Sparkes

D80/17 299 Storey Street, Maroubra (DA/493/2017)

Applicant Mr
Alex Machkevitch (representing the applicant)

D81/17 213 Bunnerong Road, Maroubra (DA/237/2017)

Objector Mr
Mitchell Stamatellis

Applicant Mr
David Gray

D82/17 4-6 Grosvenor Street, Kensington (DA/166/2017)

Objector Ms
Christine Alexander

Applicant Mr
Joe Bell (representing the applicant)

D83/17 31 Holmes Street, Maroubra (DA/318/2015/A)

Applicant Mr
Matthew Mealing

D84/17 10 Seaside Parade, South Coogee (DA/54/2017)

Objector Ms
Maree Lee

Applicant Ms
Katerina Katris

D86/17 12 Vicar Street, Coogee (DA/333/2017)

Objector Mr
Robert Wilchar

Applicant Mr
Kent Wilson (representing the applicant)

D87/17 70-82 Belmore Road Randwick (DA/488/2017)

Applicant Mr
Winston Tang (representing the applicant)

D88/17 4/199-203A Malabar Road, South Coogee
(DA/153/2015/A)

Note: Having previously declared an
interest, Cr Stavrinos left the chamber and took no part in the debate or
voting on this matter.

A. That Council supports the
exception to development standards under Clause 4.6 of Randwick Local
Environmental Plan 2012 in respect to non-compliance with Clause 4.4 of
Randwick Local Environmental Plan 2012, relating to floor space ratio, on the
grounds that the proposed development complies with the objectives of the
above clause, and will not adversely affect the amenity of the locality, and
that the Department of Planning & Environment be advised accordingly.

B. That Council, as the
consent authority, grants development consent under Sections 80 and 80A of
the Environmental Planning and Assessment Act 1979, as amended, to
Development Application No. DA/44/2017 for lower ground, ground and first
floor alterations and addition to existing dual occupancy, construction of
swimming pool to rear, landscaping and associated works (variation to floor
space ratio control), at No. 3 Seaview Street, Clovelly, subject to the
following conditions:

DEVELOPMENT CONSENT CONDITIONS

GENERAL CONDITIONS

The development must be carried out in
accordance with the following conditions of consent.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of environmental amenity.

Approved Plans & Supporting Documentation

1. The
development must be implemented substantially in accordance with the plans
and supporting documentation listed below and endorsed with Council’s
approved stamp, except where amended by Council in red and/or by other
conditions of this consent:

Plan

Drawn
by

Dated

DA-04 Rev.
C

Chapman
Architecture

10 April
2017

DA-05 to
DA-07 Rev. A

Chapman
Architecture

28 August
2016

DA-08 to
DA-11 Rev. C

Chapman
Architecture

10 April
2017

BASIX
Certificate No.

Dated

A266774

31 Jan.
2017

Amendment of Plans & Documentation

2. The approved
plans and documents must be amended in accordance with the following
requirements:

a. The rear lawn, pool coping and deck
all proposed at RL 67.50 shall match original ground levels or be lowered to not
exceed RL 66.78.

b. All privacy
screens must be constructed with either:

· Translucent or obscured glazing;

· Fixed lattice/slats with individual openings not more than 30mm
wide;

· Fixed vertical or horizontal louvres with the individual blades angled
and spaced appropriately to prevent overlooking into the private open space
or windows of the adjacent dwellings.

c. The following
window/s must have a minimum sill height of 1.6m above floor level, or
alternatively, the window/s are to be fixed and be provided with translucent,
obscured, frosted or sandblasted glazing below this specified height:

· W07 to the ground floor level kitchen.

Eastern Boundary Hedging

3. The hedge adjacent to the
full length of the eastern boundary shall be maintained indefinitely at a
minimum height above ground level of 4m.

REQUIREMENTS BEFORE A CONSTRUCTION
CERTIFICATE CAN BE ISSUED

The following conditions of consent must be
complied with before a ‘Construction Certificate’ is
issued by either Randwick City Council or an Accredited Certifier. All
necessary information to demonstrate compliance with the following conditions
of consent must be included in the documentation for the construction
certificate.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent conditions and to achieve reasonable
levels of environmental amenity.

Consent Requirements

4. The
requirements and amendments detailed in the ‘General Conditions’
must be complied with and be included in the construction certificate plans
and associated documentation.

Section 94A Development Contributions

5. In
accordance with Council’s Section 94A Development Contributions Plan
effective from 21 April 2015, based on the development cost of $291,500 the
following applicable monetary levy must be paid to Council: $2,915.

The levy must be paid in cash,
bank cheque or by credit card prior to a construction certificate
being issued for the proposed development. The development is subject
to an index to reflect quarterly variations in the Consumer Price Index (CPI)
from the date of Council’s determination to the date of payment. Please
contact Council on telephone 9093 6999 or 1300 722 542 for the indexed
contribution amount prior to payment.

To calculate the indexed levy, the
following formula must be used:

IDC = ODC x CP2/CP1

Where:

IDC = the indexed development cost

ODC = the original development cost determined
by the Council

CP2 = the Consumer Price Index, All Groups,
Sydney, as published by the ABS in respect of the quarter ending
immediately prior to the date of payment

CP1 = the Consumer Price Index, All Groups,
Sydney as published by the ABS in respect of the quarter ending immediately
prior to the date of imposition of the condition requiring payment of the
levy.

Council’s
Section 94A Development Contribution Plans may be inspected at the Customer
Service Centre, Administrative Centre, 30 Frances Street, Randwick or at
www.randwick.nsw.gov.au.

Compliance
Fee

6. A
development compliance and enforcement fee of
$291.50 shall be paid to Council in accordance with Council’s adopted
Fees & Charges Pricing Policy, prior to the issue of a Construction
Certificate for development.

Long Service Levy Payments

7. The required
Long Service Levy payment, under the Building and Construction Industry
Long Service Payments Act 1986, must be forwarded to the Long Service
Levy Corporation or the Council, in accordance with Section 109F of the Environmental
Planning & Assessment Act 1979.

At the time of this development consent, Long
Service Levy payment is applicable on building work having a value of $25,000
or more, at the rate of 0.35% of the cost of the works.

Sydney Water

8. All
building, plumbing and drainage work must be carried out in accordance with
the requirements of the Sydney Water Corporation.

The approved plans must be submitted to the Sydney Water Tap in™online service, to determine
whether the development will affect Sydney Water’s waste water and
water mains, stormwater drains and/or easements, and if any further
requirements need to be met.

The Sydney Water Tap
in™online service replaces the Quick Check Agents as of 30 November
2015

The Tap in™service provides 24/7
access to a range of services, including:

· Building plan approvals

· Connection and disconnection approvals

· Diagrams

· Trade waste approvals

· Pressure information

· Water meter installations

· Pressure boosting and pump approvals

· Change to an existing service or asset, e.g. relocating or moving
an asset.

The Principal Certifying Authority must ensure that the
developer/owner has submitted the approved plans to Sydney Water Tap in
online service.

REQUIREMENTS TO BE INCLUDED IN THE
CONSTRUCTION CERTIFICATE

The requirements contained in the following
conditions of consent must be complied with and details of compliance must be
included in the construction certificate for the development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Councils development consent conditions and to achieve reasonable levels of
environmental amenity.

Compliance with the Building Code of Australia

9. In
accordance with section 80 A (11) of the Environmental Planning &
Assessment Act 1979 and clause 98 of the Environmental Planning &
Assessment Regulation 2000, it is a prescribed condition that all
building work must be carried out in accordance with the provisions of the
Building Code of Australia (BCA). Details of compliance with the BCA
are to be included in the construction certificate application.

Structural Adequacy

10. Certificate of Adequacy
supplied by a professional engineer shall be submitted to the
certifying authority (and the Council, if the Council is not the
certifying authority), certifying the structural adequacy of the existing
structure to support the additions to the upper floors.

BASIX Requirements

11. In accordance with
section 80A(11) of the Environmental Planning & Assessment Act 1979
and clause 97A of the Environmental Planning & Assessment Regulation
2000, the requirements and commitments contained in the relevant BASIX
Certificate must be complied with.

The required commitments listed and identified in the BASIX
Certificate must be included on the construction
certificate plans, specifications and associated
documentation, to the satisfaction of the Certifying Authority.

The design of the building must not be inconsistent with the
development consent and any proposed variations to the building to achieve the
BASIX commitments may necessitate a new development consent or amendment to
the existing consent to be obtained, prior to a construction certificate
being issued.

Stormwater Drainage

12. A surface
water/stormwater drainage system must be provided in accordance with the
following requirements, to the satisfaction of the Certifying Authority and
details are to be included in the construction certificate:-

a) Surface water/stormwater drainage
systems must be provided in accordance with the relevant requirements of the
Building Code of Australia (Volume 2);

b) The surface water/stormwater must be
drained and discharged to the street gutter or, subject to site suitability,
the stormwater may be drained to a suitably designed absorption pit;

c) Any absorption pits or soaker wells
should be located not less than 3m from any adjoining premises and the
stormwater must not be directed to any adjoining premises or cause a
nuisance;

d) External paths and ground surfaces
are to be constructed at appropriate levels and be graded and drained away
from the building and adjoining premises, so as not to result in the entry of
water into the building, or cause a nuisance or damage to the adjoining
premises;

e) Details of any proposed drainage
systems or works to be carried out in the road, footpath or nature strip must
be submitted to and approved by Council before commencing these works.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF
ANY WORKS

The following conditions of consent must be
complied with prior to the commencement of any works on the site. The
necessary documentation and information must be provided to the Council or
the ‘Principal Certifying Authority’ (PCA), as applicable.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity.

Certification, PCA & other Requirements

13. Prior to the
commencement of any building works, the following requirements must be
complied with:

a) a Construction
Certificate must be obtained from the Council or an accredited certifier,
in accordance with the provisions of the Environmental Planning &
Assessment Act 1979.

A copy of the construction certificate, the approved
development consent plans and consent conditions must be kept on the site at
all times and be made available to the Council officers and all building
contractors for assessment.

b) a Principal Certifying
Authority (PCA) must be appointed to carry out the necessary building
inspections and to issue an occupation certificate; and

c) a licensed principal
contractor must be appointed for the building work, or in relation to
residential building work, an owner-builder permit may be obtained in
accordance with the requirements of the Home Building Act 1989, and
the PCA and Council are to be notified accordingly; and

d) the principal
contractor must be advised of the required critical stage inspections
and other inspections to be carried out, as specified by the Principal
Certifying Authority; and

e) at least two days’
notice must be given to the Council, in writing, prior to commencing any
works.

Home Building Act 1989

14. In accordance with
section 80 A (11) of the Environmental Planning & Assessment Act 1979
and clause 98 of the Environmental Planning & Assessment Regulation
2000, the requirements of the Home Building Act 1989 must be
complied with.

Details of the Licensed Building Contractor and a copy of the
relevant Certificate of Home Warranty Insurance or a copy of the
Owner-Builder Permit (as applicable) must be provided to the Principal
Certifying Authority and Council.

Dilapidation Reports

15. A dilapidation report
prepared by a professional engineer, building surveyor or other suitably
qualified independent person must be submitted to the satisfaction of the
Principal Certifying Authority prior to commencement of any demolition,
excavation or building works, in the following cases:

· excavations for new dwellings, additions to dwellings, swimming
pools or the like which are proposed to be located within the zone of
influence of the footings of any dwelling, associated garage or other
substantial structure located upon an adjoining premises,

· new dwellings or additions to dwellings sited up to shared
property boundaries (e.g. additions to a semi-detached dwelling or
terraced dwellings),

· excavations for new dwellings, additions to dwellings, swimming
pools or the like which are within rock and may result in vibration and or
potential damage to any dwelling, associated garage or other substantial
structure located upon an adjoining premises,

· as otherwise may be required by the Principal Certifying
Authority.

The report (including photographs) are required to detail the
current condition and status of any dwelling, associated garage or other
substantial structure located upon the adjoining premises, which may be
affected by the subject works. A copy of the dilapidation report is to
be given to the owners of the premises encompassed in the report/s before
commencing any works.

Construction Noise & Vibration Management

16. Noise and vibration
emissions during the construction of the building and associated site works
must not result in damage to nearby premises or result in an unreasonable
loss of amenity to nearby residents and the relevant requirements of the Protection
of the Environment Operations Act 1997 and NSW EPA Guidelines must be
satisfied at all times.

Noise and vibration from any rock excavation machinery, pile
drivers and all plant and equipment is to be minimised, by using appropriate
plant and equipment, silencers and the implementation of appropriate noise
management strategies.

Construction Site Management Plan

17. A Construction Site
Management Plan must be developed and implemented prior to the
commencement of any works. The construction site management plan must include
the following measures, as applicable to the type of development:

· location and construction of protective fencing / hoardings to the
perimeter of the site;

· location of site storage areas/sheds/equipment;

· location of building materials for construction;

· provisions for public safety;

· dust control measures;

· site access location and construction

· details of methods of disposal of demolition materials;

· protective measures for tree preservation;

· provisions for temporary sanitary facilities;

· location and size of waste containers/bulk bins;

· details of proposed sediment and erosion control measures;

· provisions for temporary stormwater drainage;

· construction noise and vibration management;

· construction traffic management details.

The site management measures must be implemented prior to the
commencement of any site works and be maintained throughout the works, to the
satisfaction of Council.

A copy of the Construction Site Management Plan must be provided
to the Principal Certifying Authority and Council prior to commencing site
works. A copy must also be maintained on site and be made available to
Council officers upon request.

Public Utilities

18. A Public Utility
Impact Assessment must be carried out on all public utility services on
the site, roadway, nature strip, footpath, public reserve or any public areas
associated with and/or adjacent to the development/building works and include
relevant information from public utility authorities and exploratory
trenching or pot-holing, if necessary, to determine the position and level of
service.

19. The applicant must
meet the full cost for telecommunication companies, gas providers, Ausgrid,
and Sydney Water to adjust/repair/relocate their services as required.
The applicant must make the necessary arrangements with the service authority.

REQUIREMENTS DURING CONSTRUCTION & SITE
WORK

The following conditions of consent must be
complied with during the demolition, excavation and construction of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity during construction.

Inspections During Construction

20. The building works must
be inspected by the Principal Certifying Authority, in accordance with
sections 109 E (3) of the Environmental Planning & Assessment Act 1979
and clause 162A of the Environmental Planning & Assessment Regulation
2000, to monitor compliance with the relevant standards of construction,
Council’s development consent and the construction certificate.

Site Signage

21. A sign must be erected
and maintained in a prominent position on the site for the duration of the
works, which contains the following details:

· name, address, contractor licence number and telephone number of
the principal contractor, including a telephone number at which the
person may be contacted outside working hours, or owner-builder permit
details (as applicable)

· name, address and telephone number of the Principal Certifying
Authority,

· a statement stating that “unauthorised entry to the work
site is prohibited”.

Restriction on Working Hours

22. Building, demolition
and associated site works must be carried out in accordance with the
following requirements:

Activity

Permitted
working hours

All
building, demolition and site work, including site deliveries (except as
detailed below)

· Monday to Friday - 7.00am to 5.00pm

· Saturday - 8.00am to 5.00pm

· Sunday & public holidays - No work permitted

Excavating
of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or
the like

· Monday to Friday - 8.00am to 5.00pm

· Saturday - No work permitted

· Sunday & public holidays - No work permitted

An application to vary the abovementioned hours may be submitted
to Council’s Manager Health, Building & Regulatory Services for
consideration and approval to vary the specified hours may be granted in
exceptional circumstances and for limited occasions (e.g. for public safety,
traffic management or road safety reasons). Any applications are to be
made on the standard application form and include payment of the relevant
fees and supporting information. Applications must be made at least 10
days prior to the date of the proposed work and the prior written approval of
Council must be obtained to vary the standard permitted working hours.

Demolition Work Requirements

23. The demolition, removal, storage,
handling and disposal of products and materials containing asbestos must be
carried out in accordance with Randwick City Council’s Asbestos Policy
and the relevant requirements of SafeWork NSW and the NSW Environment
Protection Authority (EPA), including:

· Work
Health and Safety Act 2011;

· Work
Health and Safety Regulation 2011;

· SafeWork
NSW Code of Practice for the Safe Removal of Asbestos;

· Australian
Standard 2601 (2001) – Demolition of Structures;

· The
Protection of the Environment Operations Act 1997;

· Randwick
City Council Asbestos Policy (adopted 13 September 2005).

A copy of
Council’s Asbestos Policy is available on Council’s web
site or a copy can be obtained from Council’s Customer Service Centre.

Removal of Asbestos Materials

24. Work involving the
demolition, storage or disposal of asbestos products and materials must be
carried out in accordance with the following requirements:

· A WorkCover licensed demolition or asbestos removal contractor
must undertake removal of more than 10m2 of bonded asbestos (or as
otherwise specified by WorkCover or relevant legislation). Removal of
friable asbestos material must only be undertaken by contractor that holds a
current friable asbestos removal licence. A copy of the relevant licence
must be provided to the Principal Certifying Authority.

· On sites involving the removal of asbestos, a sign must be clearly
displayed in a prominent visible position at the front of the site,
containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and
include details of the licensed contractor.

· Asbestos waste must be stored, transported and disposed of in
compliance with the Protection of the Environment Operations Act 1997
and the Protection of the Environment Operations (Waste) Regulation 2005.
Details of the landfill site (which must be lawfully able to receive asbestos
materials) must be provided to the Principal Certifying Authority.

· A Clearance Certificate or Statement, prepared by a suitably
qualified person (i.e. an occupational hygienist, licensed asbestos assessor
or other competent person, must be provided to Council and the Principal
certifying authority upon completion of the asbestos related works which
confirms that the asbestos material have been removed appropriately and the
relevant conditions of consent have been satisfied.

A copy of Council’s Asbestos Policy is available on
Council’s web site or a copy can be obtained from Council’s
Customer Service Centre.

Public Safety & Site Management

25. Public safety and
convenience must be maintained at all times during demolition, excavation and
construction works and the following requirements must be complied with:

a) Public access to the
building site and materials must be restricted by existing boundary fencing
or temporary site fencing having a minimum height of 1.5m, to Council’s
satisfaction.

Temporary site fences are required to be constructed of cyclone
wire fencing material and be structurally adequate, safe and constructed in a
professional manner. The use of poor quality materials or steel
reinforcement mesh as fencing is not permissible.

b) Building materials,
sand, soil, waste materials, construction equipment or other articles must
not be placed upon the footpath, roadway or nature strip at any time.

c) The road, footpath,
vehicular crossing and nature strip must be maintained in a good, safe, clean
condition and free from any excavations, obstructions, trip hazards, goods,
materials, soils or debris at all times. Any damage caused to the road,
footway, vehicular crossing, nature strip or any public place must be
repaired immediately, to the satisfaction of Council.

d) All building and site activities
(including storage or placement of materials or waste and concrete
mixing/pouring/pumping activities) must not cause or be likely to cause
‘pollution’ of any waters, including any stormwater drainage
systems, street gutters or roadways.

Note: It is an offence under the Protection of theEnvironment
Operations Act 1997 to cause or be likely to cause
‘pollution of waters’, which may result in significant penalties
and fines.

e) Sediment and erosion
control measures, must be implemented throughout the site works in accordance
with the manual for Managing Urban Stormwater – Soils and Construction,
published by Landcom, to Council’s satisfaction. Details are to be
provided in the Construction Site Management Plan and a copy is to be
provided to the Principal Certifying Authority and Council.

f) Site fencing,
building materials, bulk bins/waste containers and other articles must not be
located upon the footpath, roadway or nature strip at any time without the
prior written approval of the Council. Applications to place a waste
container in a public place can be made to Council’s Health, Building
and Regulatory Services department.

g) A Road / Asset Opening Permit must be
obtained from Council prior to carrying out any works within or upon a road,
footpath, nature strip or in any public place, in accordance with section 138
of the Roads Act 1993 and all of the conditions and requirements
contained in the Road / Asset Opening Permit must be complied with.
Please contact Council’s Road/Asset Openings officer on 9093 6691 for
further details.

Support of Adjoining Land, Excavations &
Retaining Walls

26. In accordance with
section 80 A (11) of the Environmental Planning & Assessment Act 1979
and clause 98 E of the Environmental Planning & Assessment Regulation
2000, it is a prescribed condition that the adjoining land and buildings
located upon the adjoining land must be adequately supported at all times.

27. All excavations and
backfilling associated with the erection or demolition of a building must be
executed safely in accordance with appropriate professional standards and excavations
must be properly guarded and supported to prevent them from being dangerous
to life, property or buildings.

Retaining walls, shoring or piling must be provided to
support land which is excavated in association with the erection or
demolition of a building, to prevent the movement of soil and to support the
adjacent land and buildings, if the soil conditions require it.
Adequate provisions are also to be made for drainage.

Details of proposed retaining walls, shoring, piling
or other measures are to be submitted to and approved by the Principal
Certifying Authority.

28. Prior to undertaking any demolition, excavation or building work
in the following circumstances, a report must be obtained from a professional
engineer which details the methods of support for the dwelling or
associated structure on the adjoining land, to the satisfaction of the Principal
Certifying Authority:

· when undertaking excavation or building work within the zone of
influence of the footings of a dwelling or associated structure that is
located on the adjoining land;

· when undertaking demolition work to a wall of a dwelling that is
built to a common or shared boundary (e.g. semi-detached or terrace
dwelling);

· when constructing a wall to a dwelling or associated structure
that is located within 900mm of a dwelling located on the adjoining land;

· as may be required by the Principal
Certifying Authority.

The demolition, excavation and building work and the provision of
support to the dwelling or associated structure on the adjoining land, must
also be carried out in accordance with the abovementioned report, to the
satisfaction of the Principal Certifying Authority.

Building Encroachments

29. There must be no
encroachment of any structures or building work onto Council’s road
reserve, footway, nature strip or public place.

Road/Asset Opening Permit

30. A Road / Asset
Opening Permit must be obtained from Council prior to commencing any
excavations or works within or upon a road, footpath, nature strip or in any
public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road
/ Asset Opening Permit must be complied with.

The following conditions of consent must be
complied with prior to the ‘Principal Certifying Authority’
issuing an ‘Occupation Certificate’.

Note: For
the purpose of this consent, any reference to ‘occupation
certificate’ shall also be taken to mean ‘interim occupation
certificate’ unless otherwise stated.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of
public health, safety and amenity.

Occupation Certificate Requirements

31. An Occupation
Certificate must be obtained from the Principal Certifying Authority prior to
any occupation of the building work encompassed in this development consent
(including alterations and additions to existing buildings), in accordance
with the relevant provisions of the Environmental Planning &
Assessment Act 1979.

BASIX Requirements

32. In accordance with
Clause 154B of the Environmental Planning & Assessment Regulation 2000,
a Certifying Authority must not issue an Occupation Certificate for this
development, unless it is satisfied that each of the required BASIX
commitments have been fulfilled.

Relevant documentary evidence of compliance with the BASIX
commitments is to be forwarded to the Council upon issuing an Occupation
Certificate.

Swimming Pool Safety

33. Swimming pools are to
be designed and installed in accordance with the relevant requirements of the
Building Code of Australia and be provided with childproof fences and
self-locking gates, in accordance with the Swimming Pools Act 1992 and
the Swimming Pools Regulation 2008.

The swimming pool is to be surrounded by a fence having a minimum
height of 1.2m, that separates the pool from any residential building (as
defined in the Swimming Pools Act 1992) that is situated on the
premises and from any place (whether public or private) adjoining the
premises; and that is designed, constructed and installed in accordance with
Australian Standard AS 1926.1 – 2012 (Swimming Pool Safety Part 1 -
Safety Barriers for Swimming Pools).

Gates to pool area shall be a maximum width of 1 metre, and be
self-closing and latching; the gate is required to open outwards from the
pool area and prevent a small child opening the gate or door when the gate or
door is closed.

Temporary pool safety fencing is to be provided pending the
completion of all building work and the pool must not be filled until a
fencing inspection has been carried out and approved by the principal
certifying authority.

A ‘warning notice’ must be erected in a prominent
position in the immediate vicinity of the swimming pool, in accordance with
the provisions of the Swimming Pools Regulation 2008, detailing pool
safety requirements, resuscitation techniques and the importance of the
supervision of children at all times.

Note: This development consent does not approve the design and
location of swimming pool fencing and other swimming pool safety barriers.
Swimming pool fencing and other safety barriers are required to comply with
the Swimming Pools Act 1992 and Swimming Pools Regulation 2008. Details of
compliance are required to be incorporated into the plans and specifications
for a Construction Certificate, to the satisfaction of the Certifying
Authority.

Swimming Pool & Spa Pool Requirements

34. Swimming pools are to
be designed, installed and operated in accordance with the following general
requirements:

a) Backwash of the pool
filter and other discharge of water is to be drained to the sewer in
accordance with the requirements of the Sydney Water Corporation; and

b) All pool overflow water
is to be drained away from the building and adjoining premises, so as not to
result in a nuisance or damage to premises; and

c) Water recirculation and
filtrations systems are required to comply with AS 1926.3 – 2010:
Swimming Pool Safety – Water Recirculation and Filtration Systems; and

d) Pool plant and equipment
is to be enclosed in a sound absorbing enclosure or installed within a
building, to minimise noise emissions and possible nuisance to nearby
residents.

Notification of Swimming Pools & Spa Pools

35. The owner of the
premises must ‘register’ the swimming pool on the NSW Swimming
Pool Register, in accordance with the Swimming Pools Amendment Act 2012.

The Swimming Pool Register is administered by the NSW Office of
Local Government and registration on the Swimming Pool Register may be made
on-line via their website www.swimmingpoolregister.nsw.gov.au.

Registration must be made before the issue of an Occupation
Certificate for the pool.

Council’s Infrastructure & Vehicular
Crossings

36. The applicant must
meet the full cost for Council or a Council approved contractor to
repair/replace any damaged sections of Council's footpath, kerb & gutter,
nature strip etc which are due to building works being carried out at the
above site. This includes the removal of cement slurry from Council's
footpath and roadway.

37. All external civil work to be carried out on Council property
(including the installation and repair of roads, footpaths, vehicular
crossings, kerb and guttering and drainage works), must be carried out in
accordance with Council's "Crossings and Entrances –
Contributions Policy” and “Residents’ Requests for Special
Verge Crossings Policy” and the following requirements:

a) Details of the
proposed civil works to be carried out on Council land must be submitted to
Council in a Civil Works Application Form. Council will respond, typically within 4 weeks,
with a letter of approval outlining conditions for working on Council land,
associated fees and workmanship bonds. Council will also provide
details of the approved works including specifications and construction
details.

b) Works on Council land,
must not commence until the written letter of approval has been obtained from
Council and heavy construction works within the property are complete. The
work must be carried out in accordance with the conditions of development
consent, Council’s conditions for working on Council land, design
details and payment of the fees and bonds outlined in the letter of approval.

c) The civil works
must be completed in accordance with the above, prior to the issuing of an
occupation certificate for the development, or as otherwise approved by
Council in writing.

38. That part of the naturestrip
upon Council's footway which is damaged during the construction of the
proposed works shall be excavated to a depth of 150mm, backfilled with
topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native
Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be
completed at the applicant’s expense.

OPERATIONAL CONDITIONS

The following operational conditions must be
complied with at all times, throughout the use and operation of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of
public health and environmental amenity.

External Lighting

39. External lighting to
the premises must be designed and located so as to minimise light-spill
beyond the property boundary or cause a public nuisance.

Plant & Equipment – Noise Levels

40. The operation of all
plant and equipment upon the premises shall not give rise to an
‘offensive noise’ as defined in the Protection of the
Environment Operations Act 1997 and Regulations.

The operation of the plant and equipment shall not
give rise to an LAeq, 15 min sound pressure level at
any affected premises that exceeds the background LA90, 15
min noise level, measured in the absence of the noise source/s under
consideration by more than 5dB(A) in accordance with relevant NSW Office of
Environment & Heritage (EPA) Noise Control Guidelines.

Swimming/Spa Pools

41. The pool plant and
equipment shall not be operated during the following hours if the noise
emitted can be heard within a habitable room in any other residential
premises, or, as otherwise specified in relevant Noise Control Regulations:

· before 8.00am or after 8.00pm
on any Sunday or public holiday; or

· before 7.00am or after 8.00pm
on any other day.

Rainwater Tanks

42. The operation of plant
and equipment associated with rainwater tanks are to be restricted to the
following hours if the noise emitted can be heard within a habitable room in
any other residential premises:

· before 8.00am or after 8.00pm
on weekends or public holiday; or

· before 7.00am or after 8.00pm
on weekdays.

ADVISORY NOTES

The following information is provided for your
assistance to ensure compliance with the Environmental Planning &
Assessment Act 1979, Environmental Planning & Assessment
Regulation 2000, or other relevant legislation and Council’s
policies. This information does not form part of the conditions of
development consent pursuant to Section 80A of the Act.

A1 The requirements and provisions of the Environmental Planning
& Assessment Act 1979 and Environmental Planning & Assessment
Regulation 2000, must be fully complied with at all times.

Failure to comply with these requirements is an offence, which
renders the responsible person liable to a maximum penalty of $1.1
million. Alternatively, Council may issue a penalty infringement notice
(for up to $6,000) for each offence. Council may also issue notices and
orders to demolish unauthorised or non-complying building work, or to comply
with the requirements of Council’s development consent.

A2 This determination
does not include an assessment of the proposed works under the Building Code
of Australia (BCA) and other relevant Standards. All new building work
(including alterations and additions) must comply with the BCA and relevant
Standards and you are advised to liaise with your architect, engineer and
building consultant prior to lodgement of your construction certificate.

A3 In accordance with the requirements of the Environmental
Planning & Assessment Act 1979, building works, including associated
demolition and excavation works (as applicable) must not be commenced until:

§ A Construction Certificate has been obtained from an
Accredited Certifier or Council,

§ An Accredited Certifier or Council has been appointed as the Principal
Certifying Authority for the development,

§ Council and the Principal Certifying Authority have been given at
least 2 days notice (in writing) prior to commencing any works.

A4 Council’s Building
Certification & Fire Safety team can issue your Construction
Certificate and be your Principal Certifying Authority for the
development, to undertake inspections and ensure compliance with the
development consent, relevant building regulations and standards of
construction. For further details contact Council on 9093 6944.

A5 A Local Approval
application must be submitted to and be approved by Council prior to
commencing any of the following activities on a footpath, road, nature strip
or in any public place:

§ Install or erect any site fencing, hoardings or site structures

§ Operate a crane or hoist goods or materials over a footpath or
road

§ Placement of a waste skip or any other container or article.

For further information please contact Council on 9093 6944.

A6 Specific details
of the location of the building/s should be provided in the Construction
Certificate to demonstrate that the proposed building work will not encroach
onto the adjoining properties, Council’s road reserve or any public
place.

A7 Underground assets
(eg pipes, cables etc) may exist in the area that is subject to your
application. In the interests of health and safety and in order to protect
damage to third party assets please contact Dial before you dig at
www.1100.com.au or telephone on 1100 before excavating or erecting structures
(This is the law in NSW). If alterations are required to the configuration,
size, form or design of the development upon contacting the Dial before You
Dig service, an amendment to the development consent (or a new development
application) may be necessary. Individuals owe asset owners a duty of care
that must be observed when working in the vicinity of plant or assets. It is
the individual’s responsibility to anticipate and request the nominal
location of plant or assets on the relevant property via contacting the Dial
before you dig service in advance of any construction or planning activities.

A8 The applicant is
to advise Council in writing and/or photographs of any signs of existing
damage to the Council roadway, footway, or verge prior to the commencement of
any building/demolition works.

A9 Further
information and details on Council's requirements for trees on development
sites can be obtained from the recently adopted Tree Technical Manual, which
can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree
Management Technical Manual; which aims to achieve consistency of approach
and compliance with appropriate standards and best practice guidelines.

A10 This consent does not
authorise any trespass or encroachment upon any adjoining or supported land
or building whether private or public. Where any underpinning, shoring,
soil anchoring (temporary or permanent) or the like is proposed to be carried
out upon any adjoining or supported land, the land owner or principal
contractor must obtain:

§ the consent of the owners of such adjoining or supported land to
trespass or encroach, or

§ an access order under the Access to Neighbouring Land Act 2000,
or

§ an easement under section 88K of the Conveyancing Act 1919,
or

§ an easement under section 40 of the Land & Environment
Court Act 1979, as appropriate.

Section 177 of the Conveyancing Act 1919 creates a
statutory duty of care in relation to support of land. Accordingly, a
person has a duty of care not to do anything on or in relation to land being
developed (the supporting land) that removes the support provided by the
supporting land to any other adjoining land (the supported land).

RESOLUTION: (Andrews/Da
Rocha) that Council, as the consent
authority, grants development consent under Sections 80 and 80A of the
Environmental Planning and Assessment Act 1979, as amended, to Development
Application No. 445/2017 for use of the existing structure as a home gym and
the proposed works including a new roof, installation of glazing to the
window openings and internal fitout, at No. 1 Keating Street, Maroubra,
subject to the following non standard condition and the standard conditions
contained in the development application compliance report attached to this
report:

Non Standard Condition

2. This approval does not
include any building works that have been completed prior to the issue of the
subject development consent including the new walls and roof timbers and only
applies to the work not undertaken including the proposed metal roof, window
glazing and internal fitout.

AMENDMENT: (Matson/Veitch) that the application be
deferred for mediation. LOST.

A DIVISION was taken and the names of the Councillors
voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor Luxford

Councillor Da Rocha

Councillor Matson

Councillor D'Souza

Councillor Veitch

Councillor Hamilton

Councillor Neilson

Councillor Parker

Councillor Said

Councillor Seng

Councillor Stavrinos

Total (4)

Total (9)

MOTION: (Andrews/Da Rocha) CARRIED - SEE RESOLUTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

RESOLUTION:
(Andrews/Da Rocha) that Council, as the
consent authority, grants development consent under Sections 80 and 80A of
the Environmental Planning and Assessment Act 1979, as amended, to
Development Application No. 445/2017 for a new front double hardstand car
space and front boundary fence and new storage on the eastern side of the
dwelling, at No. 1 Keating Street, Maroubra, subject to the following non
standard condition and the standard conditions contained in the development
application compliance report attached to this report:

Non Standard Conditions

Amendment of Plans & Documentation

3. The
approved plans and documents must be amended in accordance with the following
requirements:

a. The
proposed pathway between the front street boundary and the dwelling shall
consist of stepping stones surrounded by a permeable material such as pebbles
or grass and the pathway extension which extends around the western side of
the dwelling shall be deleted and replaced with soft landscape such as grass.

Council’s Infrastructure, Vehicular Crossings, street verge

13. The applicant
must meet the full cost for a Council approved contractor to:

a. Splay/extend
the existing Council concrete driveway slab from the existing layback out to
a width of 4.00m at the Council footpath line. The works are to be done to
Council’s specifications and requirements.

AMENDMENT: (Matson/Veitch) that the application be
deferred for mediation. LOST.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor Luxford

Councillor Da Rocha

Councillor Matson

Councillor D'Souza

Councillor Veitch

Councillor Hamilton

Councillor Neilson

Councillor Parker

Councillor Said

Councillor Seng

Councillor Stavrinos

Total (4)

Total (9)

MOTION: (Andrews/Da Rocha) CARRIED - SEE RESOLUTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

RESOLUTION:
(Andrews/Hamilton) that
Council, as the consent authority, grants development consent under Sections
80 and 80A of the Environmental Planning and Assessment Act 1979, as amended,
to Development Application No. DA/334/2017 for demolition of existing
workshop, administration and amenities structures, construction of new
workshop/maintenance building comprising of plant room, vehicle storage,
store rooms, amenities, office, mezzanine level and paved apron area
utilising existing access at the Australian Golf Club, at No. 2-18 Tunstall
Avenue, Kensington, subject to the standard conditions contained in this
report:

Approved Plans & Supporting Documentation

1. The
development must be implemented substantially in accordance with the plans
and supporting documentation listed below and endorsed with Council’s approved
stamp, except where amended by Council in red and/or by other conditions of
this consent:

Plan

Drawn
by

Dated

A100
(Revision M)

Architects
Becerra

27/03/2017

A102
(Revision V)

Architects
Becerra

01/06/2017

A103
(Revision V)

Architects
Becerra

01/06/2017

A105
(Revision E)

Architects
Becerra

01/06/2017

A106

Architects
Becerra

May 2015

A201
(Revision O)

Architects
Becerra

01/06/2017

A202
(Revision O)

Architects
Becerra

01/06/2017

A302
(Revision C)

Architects
Becerra

08/05/2017

A303 (Revision
D)

Architects
Becerra

01/06/2017

A501
(Revision I)

Architects
Becerra

01/06/2017

A704
(Revision U)

Architects
Becerra

08/05/2017

REQUIREMENTS BEFORE A CONSTRUCTION
CERTIFICATE CAN BE ISSUED

The following conditions of consent must be
complied with before a ‘Construction Certificate’ is
issued by either an Accredited Certifier or Randwick City Council. All
necessary information to demonstrate compliance with the following conditions
of consent must be included in the documentation for the construction
certificate.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent conditions and to achieve reasonable
levels of environmental amenity.

Section 94A Development Contributions

2. In
accordance with Council’s Section 94A Development Contributions Plan
effective from 21 April 2015, based on the development cost of $3,135,000 the
following applicable monetary levy must be paid to Council: $31,350.

The levy must be paid in cash,
bank cheque or by credit card prior to a construction certificate
being issued for the proposed development. The development is subject
to an index to reflect quarterly variations in the Consumer Price Index (CPI)
from the date of Council’s determination to the date of payment. Please
contact Council on telephone 9093 6999 or 1300 722 542 for the indexed
contribution amount prior to payment.

To calculate the indexed levy, the
following formula must be used:

IDC = ODC x CP2/CP1

Where:

IDC = the indexed development cost

ODC = the original development cost determined
by the Council

CP2 = the Consumer Price Index, All Groups,
Sydney, as published by the ABS in respect of the quarter ending
immediately prior to the date of payment

CP1 = the Consumer Price Index, All Groups,
Sydney as published by the ABS in respect of the quarter ending immediately
prior to the date of imposition of the condition requiring payment of the
levy.

Council’s
Section 94A Development Contribution Plans may be inspected at the Customer
Service Centre, Administrative Centre, 30 Frances Street, Randwick or at
www.randwick.nsw.gov.au.

Compliance
Fee

3. A
development compliance and enforcement fee of $3,135 shall be paid to Council
in accordance with Council’s adopted Fees & Charges Pricing Policy,
prior to the issue of a Construction Certificate for development.

Long Service Levy

4. Any required
Long Service Levy payment, under the Building and Construction Industry
Long Service Payments Act 1986, is to be forwarded to the Long Service
Levy Corporation or the Council, prior to the issuing of a Construction
Certificate, in accordance with Section 109F of the Environmental Planning
& Assessment Act 1979.

At the
time of this development consent, Long Service Levy payment is applicable on
building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

Security Deposit

5. The
following damage / civil works security deposit requirement must be complied
with as security for making good any damage caused to the roadway, footway,
verge or any public place; and as security for completing any public work;
and for remedying any defect on such public works, in accordance with section
80A(6) of the Environmental Planning and Assessment Act 1979:

· $8,000.00 - Damage /
Civil Works Security Deposit

The damage/civil works security deposit may be provided by way of a
cash, cheque or credit card payment and is refundable upon a satisfactory
inspection by Council upon the completion of the civil works which confirms
that there has been no damage to Council's infrastructure.

The owner/builder is also requested to advise Council in writing
and/or photographs of any signs of existing damage to the Council roadway,
footway, or verge prior to the commencement of any building/demolition works.

To obtain a refund of relevant deposits, a Security Deposit Refund
Form is to be forwarded to Council’s Director of City Services upon
issuing of an occupation certificate or completion of the civil works.

Flood Planning

6. Plans submitted for the construction
certificate must demonstrate the formal adoption of the flood mitigation
measures as recommended in the Local Flood Study by Meinhardt Pty Ltd dated
October 2017 Issue c and stamped by Council 17 October 2017 including but not
limited to the construction of the concrete and grass swales around the
eastern and southern edge of southern building. The following requirements
must also be met;

· The Floor level of the building/s are to be set at twice at the
depth of the flow above the base of the channel (being the flood planning
level) or suitably protected up to this level.

· The building/s are to be constructed of flood compatible material
for any part of the building below the flood planning level.

Stormwater Drainage

7. As the
development is proposed to be constructed over existing Council pipe
infrastructure, which is not permitted under Section 3.4 Part B8 of
Council’s DCP, the applicant is to submit to Council for approval and
have approved, “for construction” plans to relocate the affected
Council stormwater lines. All costs associated with the reconstruction of the
Council lines shall be met by the developer/applicant. The plans shall be
prepared by a certified practicing Hydraulic Engineer and demonstrate
compliance with the following requirements;

a) The drainage
Plans must include a detailed specification which must be prepared in
consultation with Council’s Development Engineering Coordinator.

b) All
affected Council lines must be identified and accurately located relative to
the proposed development.

c) Relocated
pipes must be positioned outside of the footprint of the proposed buildings
with the centreline of any relocated pipe setback a minimum of 1.5m from any
external wall or structure.

d) Certification
of the proposed design from a certified practicing Hydraulic engineer is to
be provided.

e) Existing
pipeline/s must remain fully operational until such time as an alternate
stormwater drainage system has been constructed to Council’s
satisfaction.

f) The
diversion/upgrade of the Council Line/s will be required to be completed
prior to commencement of building works within the site unless otherwise
approved in writing by the Development Engineering Coordinator.

8. Detailed drainage plans for the internal
site drainage system with levels reduced to Australian Height Datum (AHD),
shall be prepared by a suitably qualified Hydraulic Engineer and be submitted
to and approved by the certifying authority. A copy of the plans shall
be forwarded to Council, if Council is not the certifying authority.

The drainage plans must demonstrate compliance with the Building
Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage -
Stormwater Drainage) and the relevant conditions of this development
approval.

9. Thesite stormwater drainage system is to be provided in accordance with
the following requirements;

a) The stormwater drainage system must be provided in accordance with
the relevant requirements of Building Code of Australia and the conditions of
this consent, to the satisfaction of the Certifying Authority and
details are to be included in the construction certificate.

b) The site stormwater from the redeveloped portion of the site must
be discharged (by gravity) either:

i. Directly
to the existing pipe system within the site.

ii. To
a suitably designed infiltration system (subject to confirmation in a full
geotechnical investigation that the ground conditions are suitable for the
infiltration system),

NOTES:

· Infiltration will not be appropriate if the site is subject to
rock and/or a water table within 2 metres of the base of the proposed
infiltration area, or the ground conditions comprise low permeability soils
such as clay.

c) Should
stormwater be discharged to Council’s street drainage system, an
on-site stormwater detention system must be provided to ensure that the
maximum discharge from the redeveloped portion of the site does not exceed
that which would occur during a 20% AEP (1 in 5 year storm of one
hour duration for existing site conditions. All other stormwater run-off from
the site for all storms up to the 5% AEP (1 in 20 year) storm is to be
retained on the site for gradual release to the street drainage system, to
the satisfaction of the certifying authority.

An overland escape route or overflow system
(to Council’s street drainage system) must be provided for storms
having an annual exceedance probability (AEP) of 1% (1 in 100 year storm),
or, alternatively the stormwater detention system is to be provided to
accommodate the 1% AEP (1 in 100 year) storm.

d) Should
stormwater be discharged to an infiltration system the following requirements
must be met;

i. Infiltration
systems/Absorption Trenches must be designed and constructed generally in
accordance with Randwick City Council's Private Stormwater Code.

ii. The
infiltration area shall be sized for all storm events up to the 5% AEP (1 in
20 year) storm event with provision for a formal overland flow path to
Council’s Street drainage system.

Should
no formal overland escape route be provided for storms greater than the 5%
AEP (1 in 20yr) design storm, the infiltration system shall be sized for the
1% AEP (1 in 100yr) storm event.

iii. Infiltration
areas must be a minimum of 3.0 metres from any structure (Note: this setback
requirement may not be necessary if a structural engineer or other suitably
qualified person certifies that the infiltration area will not adversely
affect the structure)

iv. Infiltration
areas must be a minimum of 2.1 metres from any site boundary unless the
boundary is common to Council land (eg. a road, laneway or reserve).

e) Determination
of the required cumulative storage (in the on-site detention and/or
infiltration system) must be calculated by the mass curve technique as
detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and
Run-off Volume 1, 1987 Edition.

Where possible any detention tanks should have an open base to
infiltrate stormwater into the ground. Infiltration should not be used if
ground water and/or any rock stratum is within 2.0
metres of the base of the tank.

f) If connecting to Council’s underground drainage system, a
reflux valve shall be provided (within the site) over the pipeline
discharging from the site to ensure that stormwater from Council drainage
system does not surcharge back into the site stormwater system.

g) Generally
all internal pipelines must be capable of discharging a 1 in 20 year storm
flow. However the minimum pipe size for pipes that accept stormwater
from a surface inlet pit must be 150mm diameter. The site must be
graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to
the proposed drainage (detention/infiltration) system.

h) A
sediment/silt arrestor pit must be provided within the site near the street
boundary prior to discharge of the stormwater to Council’s drainage
system and prior to discharging the stormwater to any absorption/infiltration
system.

Sediment/silt arrestor pits are to be constructed generally in
accordance with the following requirements:

· The base of the pit being located a minimum 300mm under the invert
level of the outlet pipe.

· A minimum of 4 x 90 mm diameter weep holes (or equivalent) located
in the walls of the pit at the floor level with a suitable geotextile
material with a high filtration rating located over the weep holes.

· The grate being a galvanised heavy-duty grate that has a provision
for a child proof fastening system.

· A child proof and corrosion resistant fastening system being
provided for the access grate (e.g. spring loaded j-bolts or similar).

· Provision of a sign adjacent to the pit stating, “This
sediment/silt arrester pit shall be regularly inspected and cleaned”.

Sketch details of a standard sediment/silt arrester pit may be
obtained from Council’s Drainage Engineer.

i) The
floor level of all habitable, retail, commercial and storage areas located
adjacent to any detention and/or infiltration systems with above ground
storage must be a minimum of 300mm above the maximum water level for the
design storm or alternately a permanent 300mm high water proof barrier is to
be provided.

(In this regard, it must be noted that this condition must not
result in any increase in the heights or levels of the building. Any
variations to the heights or levels of the building will require a new or
amended development consent from the Council prior to a construction
certificate being issued for the development).

i. 150mm
in uncovered open car parking areas (with an isolated maximum depth of 200mm
permissible at the low point pit within the detention area)

ii. 300mm
in landscaped areas (where child proof fencing is not provided around the
outside of the detention area and sides slopes are steeper than 1 in 10)

iii. 600mm
in landscaped areas where the side slopes of the detention area have a
maximum grade of 1 in 10

iv. 1200mm
in landscaped areas where a safety fence is provided around the outside of
the detention area

v. Above
ground stormwater detention areas must be suitably signposted where required,
warning people of the maximum flood level.

Note: Above ground storage of stormwater is not permitted within
basement car parks or store rooms.

k) A
childproof and corrosion resistant fastening system shall be installed on
access grates over pits/trenches where water is permitted to be temporarily
stored.

l) Mulch
or bark is not to be used in on-site detention areas.

Footings adjacent to drainage easements.

10. All proposed footings located adjacent to
the proposed/existing drainage infrastructure shall either be:

a) Founded
on rock, or;

b) Extend
below a 30 degrees line taken from the level of the pipe invert at the edge
of the drainage easement (angle of repose).

Structural details demonstrating compliance with this
condition shall be submitted with the construction
certificate application.

Sydney Water

11. All
building, plumbing and drainage work must be carried out in accordance with
the requirements of the Sydney Water Corporation.

The approved
plans must be submitted to the Sydney Water Tap
in™online service, to determine
whether the development will affect Sydney Water’s waste water and
water mains, stormwater drains and/or easements, and if any further
requirements need to be met.

The Tap in™service
provides 24/7 access to a range of services, including:

· Building
plan approvals

· Connection
and disconnection approvals

· Diagrams

· Trade
waste approvals

· Pressure
information

· Water
meter installations

· Pressure
boosting and pump approvals

· Change
to an existing service or asset, e.g. relocating or moving an asset.

Sydney Water’s Tap in™ in online service is available at:

https://www.sydneywater.com.au/tapin

The
Principal Certifying Authority must ensure that the developer/owner has
submitted the approved plans to Sydney Water Tap in online service.

Site
Landscaping

12. The Certifying
Authority/PCA must ensure that the Landscape Plans submitted as part of the
approved Construction Certificate are substantially consistent with the
Landscape Schematic Plan & Planting Projections by GCH, dated 5 April
2017.

Tree
Protection Measures

13. In order to ensure retention of the large Ficus macrocarpa var.
‘Hillii’ (Hills Weeping Fig) located along the eastern site
boundary, fronting Tunstall Avenue, then to the west, on the western side of the existing/central access road, the single Phoenix
canariensis (Canary Island Date Palm) in the existing sloped garden bed,
as well as the stand of three Phoenix canariensis (Canary Island Date
Palms) behind the 6th Tee/free standing shed in good health, the following measures are to be undertaken:

a. All
documentation submitted for the Construction Certificate application must
show the retention of these trees/palms, with the position and diameter of
both their trunks and crowns/canopies to be clearly and accurately shown on
all plans in relation to the proposed works.

b. Any excavations associated with the installation of new services,
pipes, stormwater systems or similar must be contained within existing/new
footprints so as to minimise root damage and future maintenance issues, with
all services plans to demonstrate compliance with this requirement.

c. The
Construction Certificate plans must show that the footprint of the new
building will be consistent with what is shown on the Ground Floor Plan, dwg
A102, rev V, dated 01/06/17.

d. All
Construction Certificate plans must also show that the 1.60m wide concrete
lined channel along the length of the eastern side of the new building, as
well as the 4.90m wide grass lined channel between the southeast corner of
the new building and existing internal roadway, will be consistent with what
is shown at Appendix E – Channel Plan & Details, of the Local Flood
Study Report by Meinhardt, project reference #114964, issue C, dated October
2017, and stamped by Council 17/10/17, with both to be constructed on-site in
accordance with these plans/details.

e. Any
roots encountered following demolition of existing structures which will be
in direct conflict with the approved footings/slab, retaining wall or flood
channels may be cut cleanly, only by hand, and only using hand-held tools,
not machinery, with the affected areas to be backfilled with clean site soil
as soon as practically possible so that cut roots are not left exposed to the
atmosphere.

f. Other
than the approved works, ground levels beneath the extent of their
canopies/crowns must not be altered by more than 200mm, with no other new
structures such as continuous strip footings, hydraulic systems, planter
boxes or similar to be located in these areas.

g. These
trees/palms are to be physically protected (either individually or in groups)
by the installation of 1.8 metre high steel mesh/chainwire fencing, which
shall be located to the extent of their crowns/driplines, either on all four sides,
or, so as to match up with property boundaries, to ensure they are completely
excluded for the duration of works.

h. This
fencing shall be installed prior to the commencement of demolition and
construction works and shall remain in place until all works are completed,
to which, signage containing the following words shall be clearly displayed
and permanently attached: “TREE PROTECTION ZONE (TPZ), DO NOT
REMOVE/ENTER".

i. In
order to prevent soil/sediment being washed over their root systems, erosion
control measures must be provided at ground level around the perimeter of the
TPZ’s.

j. If
additional trunk or branch protection is required, this can be provided by
way of wrapping layers of geo-textile, underfelt or Hessian around affected
areas, to which lengths of evenly spaced hardwood timbers shall be placed
around their circumference, and are then to be secured by 8 gauge wires or
steel strapping at 300mm spacing. NO nailing to the trunk.

k. Where
needed so as to avoid compaction, ground protection comprising strapped
together rumble boards, plywood or similar may also be placed to the extent
of their TPZ’s, and will need to remain in place until such time as the
approved landscaping is being installed.

l. Within
the TPZ’s there is to be no storage of materials, machinery or site
office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no
stockpiling of soil or rubble, with all Site Management Plans needing to
acknowledge these requirements.

m. The
PCA must ensure compliance with all of these requirements, both on the plans
as well as on-site during the course of construction, and prior to issuing
any type of Occupation Certificate.

REQUIREMENTS TO BE INCLUDED IN THE
CONSTRUCTION CERTIFICATE

The requirements contained in the following
conditions of consent must be complied with and details of compliance must be
included in the construction certificate for the development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Councils development consent conditions and to achieve reasonable levels of
environmental amenity.

Building Code of Australia & Fire Safety

14. In accordance with
section 80 A (11) of the Environmental Planning & Assessment
Act 1979 and clause 98 of the Environmental Planning & Assessment
Regulation 2000, it is a prescribed condition that all building
work must be carried out in accordance with the provisions of the Building
Code of Australia (BCA). Details of compliance are to be provided in
the construction certificate.

15. All new building work
(including alterations, additions, fit-out work and fire safety works are to
be carried out in accordance with the relevant provisions of the Building
Code of Australia (BCA) and details are to be included in the Construction
Certificate, to the satisfaction of the Certifying Authority.

Access
& Facilities

16. Access and/or
facilities for people with disabilities must be provided to all new building
work in accordance with any relevant provisions of the Building Code of
Australia Disability (Access to Premises – Buildings) Standards 2010,
to the satisfaction of the Certifying Authority and details are to be
provided with the Construction Certificate application.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF
ANY WORKS

The following conditions of consent must be
complied with prior to the commencement of any works on the site. The
necessary documentation and information must be provided to the Council or
the ‘Principal Certifying Authority’ (PCA), as applicable.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity.

Certification, PCA & other Regulatory Requirements

17. Prior to the
commencement of any building works, the following requirements must be
complied with:

a) a Construction
Certificate must be obtained from the Council or an accredited certifier, in
accordance with the provisions of the Environmental Planning &
Assessment Act 1979.

A copy of the construction certificate, the approved
development consent plans and consent conditions must be kept on the site at
all times and be made available to the Council officers and all building
contractors for assessment.

b) a Principal
Certifying Authority (PCA) must be appointed to carry out the necessary
building inspections and to issue an occupation certificate; and

c) the principal
contractor must be advised of the required critical stage inspections
and other inspections to be carried out, as specified by the Principal
Certifying Authority; and

d) at least two days’
notice must be given to the Council, in writing, prior to commencing any works;
and

e) the relevant
requirements of the Home Building Act 1989 (as applicable) must be
complied with and details provided to the Principal Certifying Authority and
Council.

Dilapidation Report

18. A dilapidation report
must be obtained from a Professional Engineer, Building Surveyor or other
suitably qualified independent person, in the following cases:

· excavations
for new buildings, additions to buildings and other substantial structures
which are proposed to be located within the zone of influence of the
footings of a building located upon an adjoining premises;

· buildings
sited up to shared property boundaries (e.g. terraced or attached
buildings or walls built to a boundary);

· excavations
for new buildings, additions to existing buildings which are within rock and
may result in vibration and or potential damage to any dwelling, associated
garage or other substantial structure located upon an adjoining
premises;

· as
otherwise may be required by the Principal Certifying Authority.

The
dilapidation report shall include details of the current condition and status
of any building or other substantial structure located upon the adjoining or
nearby premises and shall include relevant photographs of the structures, to
the satisfaction of the Principal Certifying Authority.

The dilapidation report must be submitted to the Council, the Principal
Certifying Authority and the owners of the adjoining/nearby premises
encompassed in the report, prior to commencing any site works (including any
demolition work, excavation work or building work).

Demolition Work & Removal of Asbestos Materials

19. Demolition work must be
carried out in accordance with the following requirements:

a) Demolition work must be
carried out in accordance with Australian Standard, AS2601 (2001) - The
Demolition of Structures and a Demolition Work Plan is required to developed
and implemented to the satisfaction of the Principal Certifying Authority
prior to commencing any demolition works.

b) The demolition, removal,
storage and disposal of any materials containing asbestos must be carried out
in accordance with the relevant requirements of WorkCover NSW,
Council’s Asbestos Policy and the following requirements:

· A licence must be obtained from WorkCover NSW for the removal of
friable asbestos and or more than 10m2 of bonded asbestos
(i.e. fibro)

· Asbestos waste must be disposed of in accordance with the Protection
of the Environment Operations Act 1997 & relevant Regulations

· A sign must be provided to the site/building stating “Danger
Asbestos Removal In Progress”

· A Clearance Certificate or Statement must be obtained from a
suitably qualified person (i.e. Occupational Hygienist) upon completion of
the asbestos removal works, which is to be submitted to the Principal
Certifying Authority and Council prior to issuing an Occupation Certificate.

A copy of
Council’s Asbestos Policy is available on Council’s web
site at www.randwick.nsw.gov.au in the Building & Development section or
a copy can be obtained from Council’s Customer Service Centre.

Construction Noise & Vibration

20. Noise and vibration
emissions during the construction of the building and associated site works
must not result in damage to nearby premises or result in an unreasonable
loss of amenity to nearby residents and the relevant provisions of the Protection
of the Environment Operations Act 1997 must be satisfied at all times.

Noise and vibration from any rock excavation machinery, pile
drivers and all plant and equipment must be minimised, by using appropriate
plant and equipment, silencers and the implementation of noise management
strategies.

A Construction Noise and Vibration Management Plan,
prepared in accordance with the DECC Construction Noise Guideline, by a
suitably qualified person is to be developed and implemented throughout the
works, to the satisfaction of the Council. A copy of the plan must be
provided to the Council and Principal Certifying Authority prior to the
commencement of site works.

Public Utilities

21. A Public Utility
Impact Assessment must be carried out on all public utility services on
the site, roadway, nature strip, footpath, public reserve or any public areas
associated with and/or adjacent to the development/building works and include
relevant information from public utility authorities and exploratory
trenching or pot-holing, if necessary, to determine the position and level of
service.

22. The applicant must meet the full cost for
telecommunication companies, gas providers, Ausgrid, and Sydney Water to
adjust/repair/relocate their services as required. The applicant must
make the necessary arrangements with the service authority.

Construction Traffic Management

23. A detailed Construction Site Traffic
Management Plan must be submitted to and approved by Council, prior to the commencement
of any site work.

The Construction Site Traffic Management Plan must be prepared by
a suitably qualified person and must include the following details, to the
satisfaction of Council:

· A
description of the demolition, excavation and construction works

· A
site plan/s showing the site, roads, footpaths, site access points and
vehicular movements

· Any
proposed road and/or footpath closures

· Proposed
site access locations for personnel, deliveries and materials

· Size,
type and estimated number of vehicular movements (including removal of
excavated materials, delivery of materials and concrete to the site)

· Provision
for loading and unloading of goods and materials

· Impacts
of the work and vehicular movements on the road network, traffic and
pedestrians

· Proposed
hours of construction related activities and vehicular movements to and from
the site

· Any
activities proposed to be located or impact upon Council’s road,
footways or any public place

· Measures
to maintain public safety and convenience

The approved Construction Site Traffic Management Plan must be
complied with at all times, and any proposed amendments to the approved
Construction Site Traffic Management Plan must be submitted to and be
approved by Council in writing, prior to the implementation of any variations
to the Plan.

24. Any necessary approvals
must be obtained from NSW Police, Roads & Maritime Services, Transport,
and relevant Service Authorities, prior to commencing work upon or within the
road, footway or nature strip.

REQUIREMENTS DURING CONSTRUCTION & SITE
WORK

The following conditions of consent must be
complied with during the demolition, excavation and construction of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000
and to provide reasonable levels of public health, safety and environmental
amenity during construction.

Building Inspection Requirements

25. The works must be
inspected by the Principal Certifying Authority, in accordance with
sections 109 E (3) of the Environmental Planning & Assessment Act 1979
and clause 162A of the Environmental Planning & Assessment Regulation
2000, to monitor compliance with the relevant standards of construction,
Council’s development consent and the construction certificate.

Excavations
& Support of Adjoining Land

26. In accordance with
section 80 A (11) of the Environmental Planning & Assessment Act 1979
and clause 98 E of the Environmental Planning & Assessment Regulation
2000, it is a prescribed condition that the adjoining land and buildings
located upon the adjoining land must be adequately supported at all times.

27. All excavations and
backfilling associated with the erection or demolition of a building must be
executed safely in accordance with appropriate professional standards and
excavations are to be properly guarded and supported to prevent them from
being dangerous to life, property or buildings.

Retaining walls, shoring or piling must be provided to support
land which is excavated in association with the erection or demolition of a
building, to prevent the movement of soil and to support the adjacent land
and buildings, if the soil conditions require it. Adequate provisions
are also to be made for drainage.

Retaining walls, shoring, or piling must be designed and installed
in accordance with appropriate professional standards and the relevant
requirements of the Building Code of Australia and Australian
Standards. Details of proposed retaining walls, shoring or piling are
to be submitted to and approved by the Principal Certifying Authority for the
development prior to commencing such excavations or works.

Permitted Working Hours

28. Building, demolition
and associated site works must be carried out in accordance with the
following requirements:

Activity

Permitted
working hours

All building, demolition and site work,
including site deliveries (except as detailed below)

· Monday to Friday - 7.00am to 5.00pm

· Saturday - 8.00am to 5.00pm

· Sunday & public holidays - No work permitted

Excavating or sawing of rock, use of
jack-hammers, pile-drivers or the like

· Monday to Friday - 8.00am to 5.00pm

· Saturday - No work permitted

· Sunday & public holidays - No work permitted

Internal work only within a commercial
or industrial development, located in a commercial or industrial zone,
which is not audible within any residential dwelling or commercial or
industrial premises

· Monday to Saturday - No time limits (subject to column 1)

· Sunday & public holidays - No work permitted

Additional requirements for all
development (except for single residential dwellings)

· Saturdays and Sundays where the preceding Friday and/or the
following Monday is a public holiday - No work permitted

An application to vary the abovementioned hours may be submitted
to Council’s Manager Health, Building & Regulatory Services for
consideration and approval to vary the specified hours may be granted in
exceptional circumstances and for limited occasions (e.g. for public safety,
traffic management or road safety reasons). Any applications are to be
made on the standard application form and include payment of the relevant
fees and supporting information. Applications must be made at least 10
days prior to the date of the proposed work and the prior written approval of
Council must be obtained to vary the standard permitted working hours.

Construction
Site Management

29. Public health, safety
and convenience must be maintained at all times during demolition and
building works and the following requirements must be complied with at all
times:

a. A sign must be provided
and maintained in a prominent position throughout the works, which contains
the following details:

· name,
address, contractor licence number and telephone number of the principal
contractor, including a telephone number at which the person may be
contacted outside working hours, or owner-builder permit details (as
applicable)

· name,
address and telephone number of the Principal Certifying Authority,

· a
statement stating that “unauthorised entry to the work site is
prohibited”.

b. The roadway, footpath
and nature strip must be maintained in a good, safe condition and free from
any obstructions, trip hazards, materials, soils or debris at all
times. Any damage caused to the road, footway or nature strip must be
repaired immediately, to the satisfaction of Council.

c. Building
materials, sand, soil, waste materials, construction equipment or other
materials or articles must not be placed upon the footpath, roadway or nature
strip at any time and the footpath, nature strip and road must be maintained
in a clean condition and free from any obstructions, soil and debris at all
times.

d. Bulk bins, waste
containers or other articles must not be located upon the footpath, roadway
or nature strip at any time without the prior written approval of the
Council. Applications to place a waste container or other articles in a
public place can be made to Council’s Building Services section.

e. During demolition and
construction, sediment laden stormwater run-off shall be controlled using the
sediment control measures outlined in the manual for Managing Urban
Stormwater – Soils and Construction, published by Landcom.

Details of
the proposed sediment control measures are to be detailed in the site management
plan which must be submitted to the Principal Certifying Authority and
Council prior to the commencement of any site works. The sediment and
erosion control measures must be implemented prior to the commencement of any
site works and be maintained throughout construction. A copy of the
plan is to be maintained on-site and be made available to Council officers
upon request.

f. Public safety must
be maintained at all times and public access to any demolition and building
works, materials and equipment on the site is to be restricted. If necessary,
a temporary safety fence or hoarding (having a minimum height of 1.5m) is to
be provided to protect the public. Temporary site fences are to be
structurally adequate, safe and be constructed in a professional manner and
the use of poor quality materials or steel reinforcement mesh as fencing is
not permissible. If necessary, an overhead (B Class type) hoarding may be
required to protect the public or occupants of the adjoining premises from
falling articles or materials.

If it is
proposed to locate any site fencing, hoardings or items upon any part of the
footpath, nature strip or any public place, a Local Approval application must
be submitted to and approved by Council’s Health, Building &
Regulatory Services department beforehand. Details and plans are to be
submitted with the application, together with payment of the weekly charge in
accordance with Council’s adopted Pricing Policy.

g. Adequate provisions must
be made to ensure pedestrian safety and traffic flow during the site works
and traffic control measures are to be implemented in accordance with the
relevant provisions of the Roads and Traffic Manual “Traffic Control at
Work Sites” (Version 4), to the satisfaction of Council.

h. A Road / Asset Opening
application must be submitted to and be approved by Council prior to carrying
out any works within or upon a road, footpath, nature strip or in any public
place, in accordance with section 138 of the Roads Act 1993 and all of
the conditions and requirements contained in the Road / Asset Opening Permit
must be complied with.

All works
within or upon the road reserve, footpath, nature strip or other public place
are to be completed to the satisfaction of Council, prior to the issuing of
an occupation certificate for the development. For further information,
please contact Council’s Road / Asset Opening Officer on 9399 0691 or
9399 0999.

Pruning

30. Permission is granted for the minimal
and selective pruning of only those lower growing branches from those
trees that are being retained, as listed in the ‘Tree Protection
Measures’ condition earlier in this report, only where they overhang
the approved works and need to be pruned in order to avoid damage to the
trees/palms; or; avoid interference with the works.

31. All pruning can only be
undertaken by an Arborist who holds a minimum of AQF Level III in
Arboriculture, and to the requirements of Australian Standard AS 4373-2007
'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the
Amenity Tree Industry (1998).

Tree Management

32. Approval is granted for removal of the
following trees, subject to full implementation of the approved Landscape
Plans:

a) The group
planting adjacent the southwest corner of the existing shed, just east of the
existing internal road, being a Melaleuca armillaris (Bracelet Honey
Myrtle), a Grevillea robusta (Silky Oak) and a Leptospermum
patersonii (Lemon Scented Tea tree), so as to facilitate construction of
the new footprint/perimeter retaining wall, as well as re-contouring of
existing ground levels association with the new 4.90m wide grass lined
drainage channel along the length of the southern side of the new footprint
as shown;

b) The variety
of shrubs/small trees on the sloped embankment around the northwest corner of
the scope of works, given their direct conflict with the new footprint,
including the Cinnamomum camphora (Camphor Laurel) adjacent the
northeast corner of the existing ‘workshop/metal shed’ in this
same area, and the most eastern Glochidion ferdinandii (Cheese Tree)
to the northeast of the existing free-standing shed at the 6th
Tee.

Road / Asset Opening Permit

33. A Road / Asset Opening
Permit must be obtained from Council prior to carrying out any works within
or upon a road, footpath, nature strip or in any public place, in accordance
with section 138 of the Roads Act 1993 and all of the conditions and
requirements contained in the Road / Asset Opening Permit must be complied
with.

The
owner/builder must ensure that all works within or upon the road reserve,
footpath, nature strip or other public place are completed to the
satisfaction of Council, prior to the issuing of a final occupation
certificate for the development.

34. Any footings adjacent to the drainage
easement/s must be inspected by the applicant's engineer to ensure that these
footings are either founded on rock or extend below the "angle of
repose”. Documentary evidence of compliance with this condition is to
be submitted to certifying authority, prior to proceeding to the subsequent
stages of construction.

REQUIREMENTS PRIOR TO THE ISSUE OF AN
OCCUPATION CERTIFICATE

The following conditions of consent must be
complied with prior to the ‘Principal Certifying Authority’
issuing an ‘Occupation Certificate’.

Notes: An
Occupation Certificate must be obtained from the PCA prior to occupation and
use of the premises.

For
the purpose of this consent, any reference to ‘occupation
certificate’ shall also be taken to mean ‘interim occupation
certificate’ unless otherwise stated.

These conditions have been applied to satisfy the
relevant requirements of the Environmental Planning & Assessment Act
1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of
public health, safety and amenity.

Occupation Certificate Requirements

35. An Occupation
Certificate must be obtained from the Principal Certifying Authority prior to
any occupation or use of the development encompassed in this development
consent (including alterations, additions and ‘fit-out’ work to
existing buildings), in accordance with the relevant provisions of the Environmental
Planning & Assessment Act 1979.

An Occupation Certificate must not be issued for the development
if the development is inconsistent with the development consent. The requirements
of the Environmental Planning & Assessment Act 1979 and conditions
of development consent must be satisfied prior to the issuing of an
occupation certificate.

Fire Safety Certificate Requirements

36. Prior to issuing an
interim or final Occupation Certificate, a single and complete Fire Safety
Certificate, encompassing all of the essential fire safety measures
contained in the fire safety schedule must be obtained and be
submitted to Council, in accordance with the provisions of the Environmental
Planning and Assessment Regulation 2000. The Fire Safety
Certificate must be consistent with the Fire Safety Schedule which
forms part of the Construction Certificate.

A copy of the Fire Safety Certificate must be displayed in
the building entrance/foyer at all times and a copy of the Fire Safety
Certificate and Fire Safety Schedule must also be forwarded to
Fire & Rescue NSW.

Noise Emissions - Certification

37. Where plant and
equipment is installed in the premises (e.g. air-conditioners, mechanical ventilation/exhaust
systems or refrigeration motors etc), a written report or statement must be
obtained from a suitably qualified and experienced consultant in acoustics.

The report/statement must demonstrate and confirm that noise and
vibration from the development satisfies the relevant provisions of the Protection
of the Environment Operations Act 1997, NSW Office of Environment &
Heritage/Environment Protection Authority Noise Control Manual &
Industrial Noise Policy, Council’s conditions of consent (including any
relevant approved acoustic report and recommendations), to the satisfaction
of Council. The assessment and report must include all relevant fixed
and operational noise sources and a copy of the report/statement must be
provided to Council prior to the issue of an occupation certificate.

Council’s Infrastructure, Vehicular Crossings, street verge

38. The applicant must meet
the full cost for Council or a Council approved contractor to repair/replace
any damaged sections of Council's footpath, kerb & gutter, nature strip
etc which are due to building works being carried out at the above site. This
includes the removal of cement slurry from Council's footpath and roadway.

39. All
external civil work to be carried out on Council property (including the
installation and repair of roads, footpaths, vehicular crossings, kerb and
guttering and drainage works), must be carried out in accordance with
Council's "Crossings and Entrances – Contributions
Policy” and “Residents’ Requests for Special Verge Crossings
Policy” and the following requirements:

a) Details
of the proposed civil works to be carried out on Council land must be
submitted to Council in a Civil Works Application Form. Council will respond, typically within
4 weeks, with a letter of approval outlining conditions for working on
Council land, associated fees and workmanship bonds. Council will also
provide details of the approved works including specifications and
construction details.

b) Works
on Council land, must not commence until the written letter of approval has
been obtained from Council and heavy construction works within the property
are complete. The work must be carried out in accordance with the conditions
of development consent, Council’s conditions for working on Council land,
design details and payment of the fees and bonds outlined in the letter of
approval.

c) The
civil works must be completed in accordance with the above, prior to the
issuing of an occupation certificate for the development, or as otherwise
approved by Council in writing.

Stormwater Drainage

40. The applicant shall
submit to the Principal Certifying Authority (PCA) and Council, certification
from a suitably qualified and experienced Hydraulic Engineer confirming that
the design and construction of the stormwater drainage system including the
relocated Council pipes complies with Australian Standard 3500.3:2003
(Plumbing & Drainage- Stormwater Drainage) and the conditions of this
development approval. The certification must be provided following inspection/s
of the site stormwater drainage system by the certifying engineers and shall
be provided to the satisfaction of the PCA.

41. A "restriction on
the use of land” and “positive covenant" (under section 88E
of the Conveyancing Act 1919) shall be placed on the title of the subject
property to ensure that the onsite detention/infiltration system is
maintained and that no works which could affect the design function of the
detention/infiltration system are undertaken without the prior consent (in
writing) from Council. Such restriction and positive covenant shall not be
released, varied or modified without the consent of the Council.

Notes:

a. The
“restriction on the use of land” and “positive
covenant” are to be to the satisfaction of Council. A copy of Council’s
standard wording/layout for the restriction and positive covenant may be
obtained from Council’s Development Engineer.

b. The
works as executed drainage plan and hydraulic certification must be submitted
to Council prior to the “restriction on the use of land” and
“positive covenant” being executed by Council.

42. A works-as-executed
drainage plan prepared by a registered surveyor and approved by a suitably
qualified and experienced hydraulic consultant/engineer must be forwarded to
the Principal Certifying Authority and the Council. The works-as-executed
plan must include the following details (as applicable):

43. A
minimum 3m wide Easement to Drain water in favour of Council is to be created
over any relocated 750mm and 1050mm diameter Council pipes as required. Such
easements shall be registered on the title of the property prior to the
issuing of an occupation certificate. Any redundant easement shall be
extinguished.

44. A
minimum 2m wide Easement to drain water in favour of Council is to be created over any
relocated 375mmmm diameter Council pipe adjacent to the southern proposed
building. Such easement shall be registered on the title of the property
prior to the issuing of an occupation certificate. Any redundant easement
shall be extinguished.

Flooding

45. A "restriction on
the use of land” and “positive covenant" (under section 88E
of the Conveyancing Act 1919) shall be placed on the title of the subject
property to ensure that the provided swales around southern building be
maintained and not to be used for landscaping or the storage of goods to
ensure the overland flow path is maintained around the subject property. Such
restriction and positive covenant shall not be released, varied or modified
without the consent of the Council.

· The
“restriction on the use of land” and “positive
covenant” are to be to the satisfaction of Council. A copy of
Council’s wording/layout for the restriction and positive covenant may
be obtained from Council’s Development Engineer.

Sydney Water

46. A
compliance certificate must be obtained from Sydney Water, under Section 73
of the Sydney Water Act 1994. Sydney Water’s assessment will determine
the availability of water and sewer services, which may require extension,
adjustment or connection to their mains, and if required, will issue a Notice
of Requirements letter detailing all requirements that must be met.
Applications can be made either directly to Sydney Water or through a Sydney
Water accredited Water Servicing Coordinator (WSC).

Go to sydneywater.com.au/section73
or call 1300 082 746 to learn more about applying through an authorised WSC
or Sydney Water.

The Section 73 Certificate must be submitted to the Principal
Certifying Authority and the Council prior to issuing an Occupation Certificate.

Landscaping

47. Prior to issuing any type of Occupation Certificate, certification
from a qualified professional in the landscape/horticultural industry must be
submitted to, and be approved by, the PCA, confirming the date that the
completed landscaping was inspected, and that it has been installed
substantially in accordance with the Landscape Schematic Plan & Planting
Projections by GCH, dated 5 April 2017.

48. Suitable strategies shall be implemented to ensure that the
landscaping is maintained in
a healthy and vigorous state until maturity, for the life of the development.

49. That part of the nature-strip upon Council's footways which is
damaged during the course of the works shall be re-graded and re-turfed with
Kikuyu Turf rolls, including turf underlay, wholly at the applicant’s
cost, to Council’s satisfaction, prior to the issue of any Occupation
Certificate

OPERATIONAL CONDITIONS

The following operational conditions must be
complied with at all times, throughout the use and operation of the
development.

These conditions have been applied to satisfy
the relevant requirements of the Environmental Planning & Assessment
Act 1979, Environmental Planning & Assessment Regulation 2000,
Council’s development consent and to maintain reasonable levels of
public health and environmental amenity.

Fire Safety Statements

50. A single and complete Fire Safety
Statement (encompassing all of the fire safety measures upon the
premises) must be provided to the Council in accordance with the requirements
of the Environmental Planning & Assessment Regulation 2000.

The Fire Safety Statement must be provided on an annual
basis, each year following the issue of the Fire Safety Certificate
and other period if any of the fire safety measures are identified as a critical
fire safety measure in the Fire Safety Schedule.

The Fire Safety Statement is required to confirm that all
the fire safety measures have been assessed by a properly qualified person
and are operating in accordance with the standards of performance specified
in the Fire Safety Schedule.

A copy of the Fire Safety Statement must be displayed in
the building entrance/foyer at all times and a copy must also be forwarded to
Fire & Rescue NSW.

Environmental Amenity

51. The use and operation
of the premises shall not give rise to an environmental health or public
nuisance, cause a vibration nuisance or, result in an offence under the Protection
of the Environment Operations Act 1997 and Regulations.

52. The proposed use and
operation of the premises (including all plant and equipment) must not give
rise to an ‘offensive noise’ as defined in the Protection of
the Environment Operations Act 1997 and Regulations.

In this regard, the operation of the premises and plant and
equipment shall not give rise to a sound pressure level at any affected
premises that exceeds the background (LA90), 15 min
noise level, measured in the absence of the noise source/s under
consideration by more than 5dB(A). The source noise level shall be
assessed as an LAeq, 15 min and adjusted in accordance
with the NSW Office of Environment & Heritage/Environment Protection
Authority Industrial Noise Policy 2000 and Environmental Noise Control Manual
(sleep disturbance).

Waste
Management

53. Adequate provisions are
to be made within the premises for the storage, collection and disposal of
trade/commercial waste and recyclable materials, to the satisfaction of
Council.

Any
trade/commercial waste materials must not be disposed in or through
Council’s domestic garbage service. All trade/commercial waste
materials must be collected by Council’s Trade Waste Service or a waste
contractor authorised by the Waste Service of New South Wales and details of
the proposed waste collection and disposal service are to be submitted to the
Principal Certifying Authority and Council prior to commencing operation of
the business.

The operator of the business must also arrange for the recycling
of appropriate materials and make the necessary arrangements with an
authorised waste services contractor accordingly.

GENERAL ADVISORY NOTES

The following information is provided for your
assistance to ensure compliance with the Environmental Planning &
Assessment Act 1979, Environmental Planning & Assessment
Regulation 2000, or other relevant legislation and requirements.
This information does not form part of the conditions of development consent
pursuant to Section 80A of the Act.

A1 The requirements
and provisions of the Environmental Planning & Assessment Act 1979
and Environmental Planning & Assessment Regulation 2000, must be
fully complied with at all times. Failure to comply with these legislative
requirements is an offence and may result in the commencement of legal
proceedings, issuing of `on-the-spot` penalty infringements or service of a
notice and order by Council.

A2 All new building
work (including alterations, additions and building renovations) must comply
with the Building Code of Australia (BCA)and relevant Australian Standards
and details of compliance must be provided in the Construction Certificate
application.

The assessment of this development application does not include an
assessment of the proposed building work under the Building Code of Australia
and Disability (Access to Premises – Buildings) Standards 2010 and you
are advised to liaise with your architect or building certifier regarding
these requirements prior to applying for a Construction Certificate.

A3 Building owners
and occupiers should consider implementing appropriate measures to prevent
children from falling from high-level window openings and balconies (e.g. by
installing window locking devices; installing heavy-duty screens to window
openings; limiting the dimensions of any openings to 125mm; ensuring
balustrades to balconies are at least 1m high and; locating fixtures,
fittings and furniture away from high-level windows and balconies).

For further information about preventing falls from windows and
balconies refer to www.health.nsw.gov.au/childsafety or pick-up a brochure
from Council’s Customer Service Centre.

A4 A separate
development application and construction certificate or a complying
development certificate (as applicable) must be obtained if the premises is
to be used for any of the purposes detailed below (unless specifically
included in this consent):

· All
food businesses (including premises used for the sale, storage, preparation
and distribution of food and drinks)

· Business
providing any form of sexual service (i.e. brothel or the like).

Business
premises which are used for these purposes must comply with relevant public
health and safety legislation and requirements and they must be registered
with Council prior to an Occupation Certificate being issued for the
development. The relevant registration and inspection fee is also required to
be paid to Council in accordance with Council’s adopted Pricing Policy.

A5 Underground assets
(e.g. pipes, cables etc.) may exist in the area that is subject to your
application. In the interests of health and safety and in order to protect
damage to third party assets please contact Dial before you dig at
www.1100.com.au or telephone on 1100 before excavating or erecting structures
(This is the law in NSW). If alterations are required to the configuration,
size, form or design of the development upon contacting the Dial before You
Dig service, an amendment to the development consent (or a new development
application) may be necessary. Individuals owe asset owners a duty of care
that must be observed when working in the vicinity of plant or assets. It is
the individual’s responsibility to anticipate and request the nominal
location of plant or assets on the relevant property via contacting the Dial
before you dig service in advance of any construction or planning activities.

A6 The applicant is to advise Council in
writing and/or photographs of any signs of existing damage to the Council
roadway, footway, or verge prior to the commencement of any
building/demolition works.

A7 Further
information and details on Council's requirements for trees on development
sites can be obtained from the recently adopted Tree Technical Manual, which
can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree
Management Technical Manual; which aims to achieve consistency of approach
and compliance with appropriate standards and best practice guidelines.

RESOLUTION: (Veitch/Andrews)
that the application be deferred to allow for the submission of amended
plans.

MOTION: (Neilson/D’Souza) that Council, as the consent authority, refuse development
consent under Sections 80 and 80A of the Environmental Planning and
Assessment Act 1979, as amended, to Development Application No. DA/493/2017
for alterations and additions to the existing dwelling and conversion to a
dual occupancy with associated works including infill of swimming and spa
pools (variation to floor space ratio control), at No. 299 Storey Street,
Maroubra for the following reasons:

1) The proposal fails to
satisfy the relevant objectives of R2 – Low Density zone under Randwick
Local Environmental Plan 2012 in relation to the desired future character of
the locality and the protection of residential amenity.

2) The proposal exceeds the maximum floor
space ratio of 0.5:1 specified in Clause 4.4 of Randwick Local Environmental
Plan 2012 and the Clause 4.6 variation to the development standard does not
adequately demonstrate that strict application of the control is either
unreasonable or unnecessary or that there are sufficient environmental
planning reasons to justify contravening the development standard.

3) Approval of such a significant variation
to the floor space ratio development standard without satisfactory
justification as required by Clause 4.6(3) of the of Randwick Local
Environmental Plan 2012 would not be in the public interest as it is inconsistent with the objectives of
the floor space ratio development standard and the objectives for development
within the R2 – Low Density zone in which the development is proposed to
be carried out.

4) The proposal fails to
satisfy the relevant objectives of Building Design under Part C1 of the
Randwick Comprehensive Development Control Plan 2013 in that the excessive
height and density, lack of adequate solar access and privacy, excessive site
coverage, lack of adequate private open space, lack of adequate deep soil
zones, poor internal layout, lack of adequate laundry and clothes drying
facilities, poor pedestrian access and lack of adequate natural ventilation
would result in unreasonable impacts for the future residents of the
development in terms of overall residential amenity, privacy and solar
access.

5) The proposal does not
comply with the landscape and permeable surface requirements under Part C1 of
the Randwick Comprehensive Development Control Plan 2013.

6) The proposal does not
achieve adequate side and rear setbacks for dual occupancy development under
Part C1 of the Randwick Comprehensive Development Control Plan 2013,
resulting in to inadequate solar access, private open space, privacy and
residential amenity.

7) The proposal does not
satisfy the visual privacy requirements under Part C1 of the Randwick
Comprehensive Development Control Plan 2013 because it would result in
unreasonable internal privacy impacts as a consequence of overlooking from
the living rooms and rear balconies of Unit 1 directly over the private open
space area for Unit 2, as well as an unacceptable loss of privacy to the
adjoining dwelling at 301 Storey Street by people using the non-compliant
stairs along the eastern boundary.

8) Private open space which achieves suitable
dimensions for Unit 1 is not directly accessible from living rooms within the
dwelling, is located only on the rooftop and in such a manner that direct
overlooking of adjoining dwellings occurs and is not provided with any landscaping
to ensure an adequate level of amenity or utility.

9) The proposal would result in inadequate
levels of internal amenity due to a lack of solar access to the living rooms
and private open space areas of Unit 2 and poor natural ventilation due to
the setbacks, orientation, poor internal floor layout and inadequate window
design and placement.

10) Pedestrian access to Unit 2 is inadequate as it
cannot be easily seen from the street, can only be accessed via a
non-compliant stairway and indirect path of travel within the lower level of
the dwelling and is not provided with an acceptable level of passive
surveillance from the public domain.

11) The development will not provide adequate facilities
for each dwelling with Unit 1 not being provided with a laundry and neither
Unit 1 or 2 being provided with any defined location for the drying of
clothes.

12) The approval of a development with poor levels of
internal amenity, inadequate facilities and private open space areas, poor
natural ventilation and inadequate solar access despite such a significant
density which is well above the stipulated floor space ratio is not in the
public interest and will set an undesirable precedent for other similarly
inadequate proposals, resulting in a significant adverse effect on the wider
health and wellbeing of the community.

AMENDMENT: (Veitch/Andrews)CARRIED AND BECAME
THE MOTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Andrews

Councillor Da Rocha

Councillor Bowen

Councillor D'Souza

Councillor Matson

Councillor Hamilton

Councillor Parker

Councillor Luxford

Councillor Seng

Councillor Neilson

Councillor Stavrinos

Councillor Said

Councillor Veitch

Total (7)

Total (6)

MOTION: (Veitch/Andrews) CARRIED - SEE RESOLUTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

RESOLUTION: (Bowen/Luxford) that the application be deferred for mediation.

MOTION: (Andrews/Matson)
–

A. That Council supports the exceptions to
development standards under Clause 4.6 of Randwick Local Environmental Plan
2012 in respect to non-compliance with Clause 4.4 of Randwick Local
Environmental Plan 2012, relating to floor space ratio, on the grounds that
the proposed development complies with the objectives of the above clause,
and will not adversely affect the amenity of the locality, and that the
Department of Planning & Environment be advised accordingly.

B. That Council, as the consent authority,
grants development consent under Sections 80 and 80A of the Environmental
Planning and Assessment Act 1979, as amended, to Development Application No.
DA/166/2017 for demolition of existing structures, construction of a 3 storey
residential flat building containing 9 dwellings, basement car parking for 13
cars, landscaping and associated works at No.s 4-6 Grosvenor Street,
Kensington, subject to the following non standard conditions and the standard
conditions contained in the development application compliance report
attached to this report:

Non-standard
conditions

Amendment
of Plans

2. The
approved plans and documents must be amended in accordance with the following
requirements:

a. All windows indicated as being highlight
windows on the eastern and western elevations must have a minimum sill height
of 1.6m above floor level.

b. Privacy screens having a
height of 1.6 metres above floor level must be provided to the eastern and
western sides of all front and rear balconies. MOTION: (Bowen/Luxford)
CARRIED - SEE RESOLUTION. The privacy screens must be constructed of
metal or timber and the total area of any openings within the privacy screen
must not exceed 25% of the area of the screen. Alternatively, the privacy
screen may be constructed with translucent, obscured, frosted or sandblasted
glazing in a suitable frame.

AMENDMENT: (Bowen/Luxford) CARRIED AND BECAME THE
MOTION.

A DIVISION was taken and the names of the Councillors
voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor Luxford

Councillor Da Rocha

Councillor Neilson

Councillor D'Souza

Councillor Said

Councillor Hamilton

Councillor Seng

Councillor Matson

Councillor Stavrinos

Councillor Parker

Councillor Veitch

Total (7)

Total (6)

MOTION: (Bowen/Luxford) CARRIED - SEE RESOLUTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

Note: Having previously declared an interest, Cr Bowen left the
chamber and took no part in the debate or voting on this matter.

RESOLUTION:
(Matson/Neilson) that Council, as the consent authority, refuse
its consent under Section 96 of the Environmental Planning and Assessment Act
1979 as amended to modify Development Consent No. 316/2005 for permission to
site the addition 2.4m forward and increase size of first floor, change
window size and position and alter roofline at 31 Holmes Street, Maroubra for
the following reasons:

1. The proposed development is inconsistent with the
objectives of the R2 zone under the RLEP 2012 in that it will not protect the
amenity values of the area. The positioning of the addition is incompatible
with the existing and desired future character of the
locality.

2. The proposal will result in significant adverse
impacts in terms of the character of the area and is inconsistent with the
objectives under Section 4.2 of the Low Density Residential Section of the
Randwick Comprehensive Development Control Plan 2013 as the proposed addition
will detract from the symmetry of the pair of semi-detached dwellings and set
an undesirable precedent for future development of the significant number of
semi-detached dwellings along Holmes Street.

MOTION:
(Andrews/Said)that Council, as the
consent authority, grant its consent under Section 96 of the Environmental
Planning and Assessment Act 1979 as amended to modify Development Consent No.
316/2005 for permission to site the addition 2.4m forward and increase size
of first floor, change window size and position and alter roofline at 31
Holmes Street, Maroubra subject to standard condition. LOST.

A DIVISION was taken and the names
of the Councillors voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Andrews

Councillor Da Rocha

Councillor Said

Councillor D'Souza

Councillor Stavrinos

Councillor Hamilton

Councillor Luxford

Councillor Matson

Councillor Neilson

Councillor Parker

Councillor Seng

Councillor Veitch

Total (3)

Total (9)

MOTION: (Matson/Neilson) CARRIED – SEE
RESOLUTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

RESOLUTION:
(Matson/Bowen) that Council, as the consent authority, grants
development consent under Sections 80 and 80A of the Environmental Planning
and Assessment Act 1979, as amended, to Development Application No. 54/2017
to increase the height of the southern side boundary fence at 10 Seaside
Parade South Coogee subject to the standard conditions contained in the
development application compliance report and further subject to the addition being constructed in wood not besser block.

MOTION: (Andrews/Hamilton)
that Council, as the consent authority, grants development consent under
Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as
amended, to Development Application No. 54/2017 to increase the height of the
southern side boundary fence at 10 Seaside Parade South Coogee subject to the
standard conditions contained in the development application compliance
report.

AMENDMENT: (Matson/Bowen)CARRIED AND BECAME THE MOTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor D'Souza

Councillor Da Rocha

Councillor Luxford

Councillor Hamilton

Councillor Matson

Councillor Said

Councillor Neilson

Councillor Seng

Councillor Parker

Councillor Stavrinos

Councillor Veitch

Total (7)

Total (6)

MOTION: (Matson/Bowen) CARRIED – SEE RESOLUTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

A. That Council supports the exception to
development standards under Clause 4.6 of Randwick Local Environmental Plan
2012 in respect to non-compliance with Clause 4.4 of Randwick Local
Environmental Plan 2012, relating to Floor space ratio respectively, on the
grounds that the proposed development complies with the objectives of the
above clauses, and will not adversely affect the amenity of the locality, and
that the Department of Planning & Environment be advised accordingly.

B. That Council, as
the consent authority, grants development consent under Sections 80 and 80A
of the Environmental Planning and Assessment Act 1979, as amended, to
Development Application No. 344/2017 for alterations and additions to the
existing first floor residential apartment at No.2/97-99 Albion Street,
Randwick, subject to the following the standard conditions contained in the
development application compliance report.

RESOLUTION: (Andrews/Hamilton)
that Council, as the consent authority, grants development consent
under Sections 80 and 80A of the Environmental Planning and Assessment Act
1979, as amended, to Development Application No. 333/2017 for alterations and
additions to the existing dwelling at 12 Vicar Street Coogee subject to the
following non standard conditions and the standard conditions contained in
the development application compliance report.

MOTION: (Bowen/Matson) that application be deferred for mediation and that the
application be brought back to the December 2017 Council meeting. WITHDRAWN.

MOTION: (Neilson/Veitch)
that the application be deferred to allow for the submission of amended plans
that maximise the preservation of the view corridor for the Brook Street
neighbour. LOST.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Bowen

Councillor Andrews

Councillor Matson

Councillor Da Rocha

Councillor Neilson

Councillor D'Souza

Councillor Veitch

Councillor Hamilton

Councillor Luxford

Councillor Parker

Councillor Said

Councillor Seng

Councillor Stavrinos

Total (4)

Total (9)

MOTION: (Neilson/Veitch)
that Council, as the consent authority, refuses development consent under
Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as
amended, to Development Application No. 333/2017 for alterations and
additions to the existing dwelling at 12 Vicar Street Coogee. LOST.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

FOR

AGAINST

Councillor Matson

Councillor Andrews

Councillor Neilson

Councillor Bowen

Councillor Veitch

Councillor Da Rocha

Councillor D'Souza

Councillor Hamilton

Councillor Luxford

Councillor Parker

Councillor Said

Councillor Seng

Councillor Stavrinos

Total (3)

Total (10)

MOTION: (Andrews/Hamilton) CARRIED – SEE
RESOLUTION.

A DIVISION was taken and the names of the
Councillors voting FOR and AGAINST were as follows:

RESOLUTION:
(Andrews/Said) that Council, as the
consent authority, grants development consent under Sections 80 and 80A of
the Environmental Planning and Assessment Act 1979, as amended, to
Development Application No. 488/2017 for the fit out and use of the existing
commercial tenancy as a massage therapy use at 78 Belmore Road Randwick,
subject to the following non standard conditions and the standard conditions
contained in the development application compliance report attached to this
report:

Non standard conditions;

2. The
minimum clear distance from the existing footpath in Belmore Road to the underside
of the proposed under-awning advertising sign, (i.e. the sign to be installed
above the footpath in Belmore road), shall be 2.60 metres.

3. No signage is to be provided
to the masonry surfaces on either side of the shopfront and existing signage
in this area is to be removed, in order to be consistent with signage
provision to other retail tenancies within building, and to avoid visual
clutter resulting from excessive signage. Amended drawings are to be
are to be submitted to and approved by Council’s Manager Development
Assessment, in accordance with Section 80A (2) of the Environmental Planning
and Assessment Act 1979 prior to a construction certificate being issued for
the development.

4. Further detail is to be
provided of any proposed top hamper/bulkhead signage. Any proposed
signage should be consistent with the depth of other top hamper/bulkhead
signage to other retail tenancies within the building. Details of any
proposed top hamper/bulkhead signage are to be submitted to and approved by Council’s
Manager Development Assessment, in accordance with Section 80A (2) of the
Environmental Planning and Assessment Act 1979 prior to a construction
certificate being issued for the development.

5. Further detail is to be
provided of any proposed awning fascia signage. Any proposed awning
fascia signage should not exceed the depth of the existing awning
fascia. Details of any proposed awning fascia signage are to be are to
be submitted to and approved by Council’s Manager Development
Assessment, in accordance with Section 80A (2) of the Environmental Planning
and Assessment Act 1979 prior to a construction certificate being issued for
the development.

6. Further detail is to be
provided of new signage within the proposed under awning sign box.
Details of any proposed awning fascia signage are to be are to be submitted
to and approved by Council’s Manager Development Assessment, in
accordance with Section 80A (2) of the Environmental Planning and Assessment
Act 1979 prior to a construction certificate being issued for the
development.

7. The colours, materials and
finishes of the shopfront are to be compatible with other shops within the
existing building and surrounding buildings in the heritage conservation
area, and consistent with the architectural style of the building.
Details of the proposed colours, materials and textures (ie- a schedule and
brochure/s or sample board) are to be submitted to and approved by Council’s
Manager Development Assessment, in accordance with Section 80A (2) of the
Environmental Planning and Assessment Act 1979 prior to a construction
certificate being issued for the development.

Crime
Prevention through Environmental Design

8. The development must in undertaken
in accordance with the recommendations of the NSW Police Force’s
“Crime Risk Assessment” of the development received by Council on
3 November 2017. Details shall be provided at the construction certificate
stage, to the satisfaction of the certifying authority.

20. The owner of
the subject site must advise Council in writing of any change in the
tenant that is operating the massage shop and advise the new tenant that they
must provide Council with the qualifications of all staff involved in providing
massage services prior to commencing the new operation.

21. The premises
must only be used for the purposes of remedial massage. The premises
must not to be used for the purposes of a brothel and in this regard, no
sexual services of any kind are to be offered in association with the massage
use.

22. The maximum
number of employees operating from the subject premises is restricted
to 5, and their relevant remedial and therapeutic massage qualifications
are to be submitted to and approved by Council’s Manager Development
Assessment prior to the commencement of the use or when there are
new employees.

Note: Having
previously declared an interest, Cr Matson left the chamber and took no part
in the debate or voting on this matter.

RESOLUTION:
(Andrews/Luxford)that Council, as
the consent authority, grants consent under Sections 96 of the Environmental
Planning and Assessment Act 1979, as amended, to modify Development
Application No. DA/599/2008 for permission to extend the hours of operation
of the premises at 81-85 Frenchmans Road, Randwick subject to the following:

·Condition 8 is amended to read:

8. The hours of operation,
including deliveries and waste collection, for the proposed
veterinary establishment shall be limited to the following:

Veterinary surgery

Monday to Friday

7am to 10pm

Saturday

8am to 7pm

Sunday and Public Holidays

8am to 7pm

Grooming

Monday to Friday

8am to 6pm

Saturday

9am to 1pm

Sunday and Public Holidays

Closed

MOTION:
(Andrews/Luxford) CARRIED - SEE RESOLUTION.

A DIVISION was
taken and the names of the Councillors voting FOR and AGAINST were as
follows:

A. That
Council, as the consent authority, grants development consent under Section
96 of the Environmental Planning and Assessment Act 1979, as amended, to
modify Development Consent No. DA/335/2015 by adding a basement level car
park with turntable, reconfiguration of car parking spaces, increase the size
of the retail space at ground floor level, enclosure of balconies for units
at first and second floors fronting Baird Lane, conversion of Units 3 and 7
to a 1 bedroom unit, increase the size of Unit 11 to 2 bedroom and changes to
the roof design at 512 Bunnerong Road, Matraville, subject to the following
conditions:

· Amend Condition No. 1 to read:

1. The
development must be implemented substantially in accordance with the plans
and supporting documentation listed below and endorsed with Council’s
approved stamp, except where amended by Council in red/or by other conditions
of this consent:

Plan

Drawn by

Dated

DA01 to DA07, DA12 & DA13 (Issue C)

Archi Spectrum

12/11/2015

BASIX Certificate

No.

Dated

629095M

19 May 2015

Except, as amended by the Section 96 plans
and documentation listed below, only in so far as they relate to the
modifications highlighted on the Section 96 plans and detailed in the Section
96 application, except as may be amended by the following conditions
and as may be shown in red on the attached plans:

Plan

Drawn by

Dated

DA01 to DA07 (Issue E)

Archi Spectrum

24/07/2017

DA08 & DA09 (Issue D)

Archi Spectrum

19/12/2017

B The
following conditions are added:

· Amendment of Plans & Documentation

2. The
approved plans and documents must be amended in accordance with the following
requirements:

f) The proposed full
height operable vertical louvers and full height glass windows to the balconies
facing Baird Lane as detailed on drawings DA02 & DA03 (noted as Building
B) on the first and second floor levels shall be amended in order for the
balconies to remain 50% fully open. This will require two of the glass window
panels to be deleted from each of the balconies.

Details are to be submitted for
approval by Council’s Manager Development
Assessments prior to issuing a construction certificate for the development.

g) The pitched
roof form shall be retained as originally approved.

h) The extension
to the southern side of Unit 11 shall be deleted from the approved plans.

i) An
amended BASIX certificate shall be submitted to reflect the approved
plans. Details are to be submitted for approval by Council’s
Manager Development Assessments prior to issuing a construction certificate
for the development.

· Condition 21A is added which is to be
included in the construction Certificate

21A. The development must comply with the
following requirements to ensure the adequate management of site seepage and
sub-soil drainage and ensure that any water table is not lowered (Category 5
Acid Sulfate Soil area). :

NOTE: The
system may be connected directly to Council’s underground drainage
system (but only with the prior written approval of Council, as required
under the Roads Act 1993) if it can be suitably demonstrated that
there will be no lowering of the water table.

b) Adequate provision is to be made for any ground
water to drain around the basement carpark (to ensure the basement will not
dam or slow the movement of the ground water through the development site).

c) The walls of the basement level/s of the building
are to be waterproofed/tanked to restrict the entry of any seepage water and
subsoil drainage into the basement level/s of the building and the stormwater
drainage system for the development.

d) Sub-soil drainage systems may discharge via
infiltration subject to the hydraulic consultant/engineer being satisfied
that the site and soil conditions are suitable and the seepage is able to be
fully managed within the site, without causing a nuisance to any premises and
ensuring that it does not drain or discharge (directly or indirectly) to the
street gutter.

e) Details of the proposed stormwater drainage
system including methods of tanking the basement levels and any sub-soil
drainage systems (as applicable) must be prepared or approved by a suitably
qualified and experienced Professional Engineer to the satisfaction of the
Certifying Authority and details are to be included in the construction
certificate. A copy of the proposed method for tanking the basement levels
must be forwarded to Council if Council is not the Certifying Authority.

· Amend
Condition 24.

24. The garbage room shall be sized to
contain a total of 13 x 240 litre bins (comprising 7 garbage bins & 6
recycle bins) or equivalent storage with bins of
different sizeand with adequate
provisions for access to all bins. Details showing compliance are to be
included in the construction certificate. Alternative bin sizes may be
considered subject to the approval of the Waste Management Plan

· Condition 74A is added which is to be
included prior to issue of an Occupation Certificate

74A.The applicant shall
submit to the Principal Certifying Authority (PCA) and Council certification
from a suitably qualified and experienced professional engineer, confirming
that the walls of the basement have been fully tanked and waterproofed to
prevent the entry of all groundwater in the basement level/s and that any
required sub-soil drainage systems have been provided in accordance with the
conditions of this consent. There must be no dry weather seepage/groundwater
flows discharging to Council’s street gutter.

RESOLUTION: (Andrews/Hamilton) that
Council, as the consent authority, grants consent under Section 96 of the
Environmental Planning and Assessment Act 1979, as amended, to modify
Development Consent No. DA/827/2008/A for a Section 96 modification of the approved
development by addition of toilet to common roof garden and addition of
toilet to roof garden of unit 10.

The consent is modified in
the following manner:

· Amend
Condition No. 1 to read:

1. The development must be
implemented substantially in accordance with the plans numbered,
DA01 to DA08 all Revision E, DA09 Revision D and DA10 Revision C, all dated
March 2009, and stamped received by Council on 31 March 2009, the application
form and any supporting information received with the application:

As amended by the Section
96 “B” plans and supporting documentation listed below:

Plan

Drawn by

Dated

DWG No.
A07 to A10 Rev. E

Edifice Design

24 May 2017

Only in
so far as they relate to the modifications highlighted on the Section 96
plans and detailed in the Section 96 application, except as may be
amended by the following conditions and as may be shown in red on the
attached plans:.”

RESOLUTION:
(Andrews/Hamilton) that Council, as the
consent authority, grants development consent under Sections 80 and 80A of
the Environmental Planning and Assessment Act 1979, as amended, to
Development Application No. 594/2017 for 15 Stewart Street, Randwick, subject
to the following non standard conditions and the standard conditions
contained in the development application compliance report attached to this
report:

· Non-Standard
Condition

Amendment
of Plans & Documentation

2. The approved plans and Documents must be
amended in accordance with the following requirements:

a. Colours, materials and finishes of the external
surfaces to the building are to be compatible with the existing building and
adjacent dwellings in the terraced row and consistent with the architectural
style of the building.

Details of
the proposed colours, materials and textures (i.e. a schedule and brochure/s
or sample board) are to be submitted to and approved by Council’s
Director City Planning, in accordance with Section 80A (2) of the
Environmental Planning and Assessment Act 1979, prior to a construction
certificate being issued for the development.

Note: Having
previously declared an interest, Crs D’Souza and Matson left the
chamber and took no part in the debate or voting on this matter.

RESOLUTION: (Veitch/Luxford)
thatthe SECPP assessment report for DA/370/2017, (Lots A & B
in DP 330407) 29-39 Young Street, RANDWICK be
received and noted and a submission be made to Sydney Central Planning Panel
recommending the implementation of a condition that the applicant be required
to set up an ongoing consultative forum with Council and the three adjacent
schools to produce a construction plan and daily work schedule that will
minimise traffic impediments, noise and other expected disruptions during
school hours. The submission will also note Council’s opposition to the
application based on its failure to meet Council’s previous support for
lower densities on the site.

MOTION: (Veitch/Luxford) CARRIED UNANIMOUSLY - SEE
RESOLUTION.

Miscellaneous Reports

Nil.

Notice
of Rescission Motions

Nil.

The meeting closed at 9.32pm.

The minutes of this meeting
were confirmed at the Planning Committee Meeting of the Council of the City of Randwick held on Tuesday, 13 February 2018.